Digital Commons Network^™

Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs

Pepperdine Dispute Resolution Law Journal

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

Fatwas And Their Regulatory Role In Resolving Socio-Political Issues In Muslim Countries, Bakhrom Mamadiev

The Light of Islam

The article reveals the concept and meaning of a fatwa in modern Muslim countries. Islamic jurisprudence does not always provide direct answers to questions that arise in the new conditions of life, but this does not mean that Sharia norms are outdated. Modern scholars argue that for answers to questions in Sharia, we need to be able to correctly extract them and have the entire spectrum of knowledge, from theological to the most modern. A fatwa can be an individual opinion of a Muslim jurist or an expression of the collective opinion of a group of experts or a special …

Dowry Provisions In The Light Of Customs, Jamil Janem

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The research tackled one source of the legal rules related to the civil affairs. It investigated the rules of dowry in light of traditions. It pointed out that traditions always play significant roles in the process of establishing or writing the legitimate rules dealing with the amount of dowry the pride should receive. Islamic law looked at this dowry as one of the bride's legal rights and urged people involved in the process of marriage to determine its amount according to their traditions. Islamic law did not decide firmly the date of this dowry payment that can be immediate or …

Punishment For The One Who ‎Betrays Trust ( Jahed Al-Aaryah) ‎Between The Punishment And ‎Discretion, Adnan Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This essay treats a subject of great importance. It is denial of borrowed objects, namely an ‎object lended to others to use it without spoiling, then obsecuring it. A sequence to such ‎abehaviour is the creation of doubt among people and it also causes the relations and the ‎good deeds to be cut among people. Hence, Islam legislated apenalty to such aconduct in ‎order to stop it. As scholars (Fukaha) were different for the estimation of the penalty to this ‎type of state, the subject is needed to be in restighted to put the foundations to this state and ‎to …

Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim

Georgia State University Law Review

The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.

Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …

Rules On Comparison Between Conflicting Interests, Abdel-Majid Al Salahin

UAEU Law Journal

Comparisons between conflicting interests aim to identify the closest to Islamic law, the most right and the most beneficial to mankind. Consequently, examination of the nature of conflicting interests to ensure a precise comparison between them undoubtedly requires a full knowledge of Islamic law and rules.

It is evidently true that this comparison is a complete law with coordinative rules in Islamic Law, providing guidance to Muslims in identifying the right and avoiding scoliosis and doubt.

These studies aims to reveal some of the characteristics of above law, focusing on the most important coordinative rules emanating from the nature and …

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari

UAEU Law Journal

This paper is introduced with a brief introduction on how different legal systems in the past dealt with religious minorities' disputes. Moreover, it shows how different US states were proposing bills and acts to eliminate any religious-based laws or applications. The paper presents how different Islamic schools deal with religious minorities' disputes in the Islamic State. It shows Islamic legal system's tolerance toward minorities in different aspects such as giving their religious leaders a role in solving their disputes according to their religion, and allowing them more freedom in their personal law issues such as marriage, divorce, wills and estates, …

The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem

UAEU Law Journal

The principle of criminalizing the contempt of religions takes a high position among the general principles that prevail in the legal system of any state to guarantee that all individuals in the society can live in harmony and agreement regardless of the differences that may stem from culture, religion or race. In agreement with this trend, the UAE legislator issued Law No. (2) in 2015 for preventing discrimination and hatred which requires the criminalization of acts associated with the contempt of religions and their holy sites and the fight against all forms of discrimination and rejection of hatred speech in …

The Theory Of Gharar (Risk And Uncertainty) In Islamic Law A Major Cause Of Disputes In Construction Contracts, Hisham Mirghani

UAEU Law Journal

There is widespread interest in the applications of Islamic law in construction contracts. This is due to the ongoing construction boom in many countries in the Middle East whose civil codes are based on Islamic law. This paper addresses the applications of an important theory in the Islamic law of transactions to construction contracts. This theory of gharar – normally translated as risk and uncertainty- has wide ranging applications in the field of construction law. The paper defines gharar and summarises its basic principles. It then goes on to introduce the essentials of a valid contract in Islamic law. These …

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

The Privacy Achievement Obstacles In The Building's Facades From An Islamic Perspective., Shukri El Bellahy

Mansoura Engineering Journal

The Islamic law is a clear path for human life, and a guide to his behavior and decisions making in all aspects of his life: like design and planning of the buildings and urban communities., in the past decades many studies revealed the deterioration in the buildings facades that appears in neglecting the Islamic values and principles, which call for lowering the gaze and respecting the neighbors privacy. Currently the design facades do not provide enough privacy for the buildings users and their neighbors; despite the availability of the Islamic legislation, scientific studies, and the solutions and architectural techniques which …

الشبهات الواردة في زواج النبي صلى الله عليه وسلم من أم حبيبة وميمونة -رضي الله عنهما- والرّد عليها The Suspicions Around The Marriage Of The Prophet, May God’S Prayers And Peace Be Upon Him, To Umm Habibah And Maymouna, May God Be Pleased With Them, And Refuting These Suspicionsthe, Manal Al-Wadi, Sharaf Al-Qedha

Jordan Journal of Islamic Studies

This research is a Hadith critical study I was presented some of the problems and allegation in the wives of questions the prophet Muhammad of the Om Habiba and Maimouna in violation of the provisions of the legitimacy and the usual thing. Which was reported by some scholars and some contemporary of the Shiites and the owners of the mental school, Then I discussed these suspicions using opinions the views of the scholars and their answers of them, And then i was likely by scientific evidence, I then found these allegation, and it is baseless of health.

Sacralization And Traditionalization Of Personality Abu Khanifa In Mavarannahr, Raziya Matibaeva

The Light of Islam

The life and work of Numan ibn Sabit Abu Hanifa has been thoroughly investigated and is still being studied. In independent Uzbekistan, as well as in the East and the West, an objective study of its life has already been established. No less important is the study of his scientific spiritual heritage. This article is an attempt to solve this problem: to objectively, without praise and moral assessments, analyze his scientific work, the attitude of a number of Muhandis to him in the process of disseminating the doctrine.

In the Muslim world, interest in the personality of Abu Hanifa has …

The Regulatory Role Of Fatwas In Muslim Countries, Baxromjon Mamadiyev

The Light of Islam

Fatwa is a form of an answer/explanation of Muslim scholars and scientists to new and confusing issues. Fatwa can be an individual conclusion of an Islamic lawyer or express a general opinion of scholars of fakikhs and shariat or a special organ. In modern Islamic countries, Fatwa institutions play a quite important role in solving problems ranging from common daily issues to inner and outer political scale. Sunni scholars with fundamental views call to avoid everything new, others support necessity for deep research of Islamic norms to work out Fatwa for new issues. The governments of many countries use Fatwa …

Spirituality Of Lider In Islam Law, O‘Ktam Shakarov

The Light of Islam

This article deals with governance in Islamic law, government, as well as the spiritual and moral qualities of leaders that they must adhere to in their work

Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze

Case Western Reserve Journal of International Law

Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …

Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar

West Virginia Law Review

No abstract provided.

Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield

Maine Law Review

Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. …

Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel

Osgoode Hall Law Journal

In the wake of the Egyptian military coup of 3 July 2013, much commentary has focused on the religious-secular divide in Egypt as the principal division that laid the groundwork for the subsequent coup. Less attention has been paid to the profound divisions within religiously-minded Egyptian political actors regarding whether democratic or authoritarian government is more desirable from a religious perspective. This article explores the division between Islamist supporters of a “republican” conception of a modern Muslim constitutional and religious order, and Islamist supporters of an “authoritarian” conception of constitutional government in alliance with a state-supported religious establishment. The article …

Book Review: The Concept Of State And Law In Islam. Farooq Hassan. University Press Of America, 1981., Noor Mohammad

Georgia Journal of International & Comparative Law

No abstract provided.

Does Shari’A Play A Role In Turkey?, Russell Powell

Pepperdine Law Review

An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.

“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty

Pepperdine Law Review

At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …

Introduction: Religious Law In The 21st Century, Michael A. Helfand

Pepperdine Law Review

An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.

Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel

Chicago-Kent Law Review

The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.

Commidifying "Islamic Law" In The U.S. Legal Academy, Lena Salaymeh

Journal of Legal Education

No abstract provided.

An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker

Michigan Journal of International Law

This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …