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Articles 31 - 54 of 54
Full-Text Articles in Entire DC Network
Commidifying "Islamic Law" In The U.S. Legal Academy, Lena Salaymeh
Commidifying "Islamic Law" In The U.S. Legal Academy, Lena Salaymeh
Journal of Legal Education
No abstract provided.
Triadic Legal Pluralism In North Sinai: A Case Study Of State, Shari'a, And 'Urf Courts In Conflict And Cooperation, Mara R. Revkin
Triadic Legal Pluralism In North Sinai: A Case Study Of State, Shari'a, And 'Urf Courts In Conflict And Cooperation, Mara R. Revkin
Faculty Scholarship
To the extent that legal scholars have addressed the post-authoritarian transitions underway in the Middle East, the scope of their work has been primarily confined to the formal infra-structure of state-manufactured law. Attention has focused on the activities of high courts, parliaments, and the administrative apparatus of official justice systems, while largely neglecting to acknowledge the importance of non-state institutions and systems of normative rules that operate in the shadow of modern bureaucratic governments. The concept of legal pluralism, defined as the coexistence of multiple legal or normative orders within a common geographical area, has been applied extensively in European, …
Islamic History & Al-Qaeda: A Primer To Understanding The Rise Of Islamist Movements In The Modern World, Andrew M. Bennett
Islamic History & Al-Qaeda: A Primer To Understanding The Rise Of Islamist Movements In The Modern World, Andrew M. Bennett
Pace International Law Review Online Companion
A decade following the 9/11 attacks, the objectives and motivations of Osama Bin Laden and Al-Qaeda remain largely unknown to the American public. Since the mission of Al-Qaeda is embedded in its interpretation of the history and traditions of Islam, increased analysis on the intellectual framework of Al-Qaeda provides valuable insight into this dangerous ideology that will remain a strategic threat to the United States for the foreseeable future. While more recent successes against the Al-Qaeda organization have encouraged talk of “the end of Al-Qaeda,” the broader ideology remains alive and well. The rise in support for the Islamist groups …
Pengaruh Orientalisme Dalam Pengajian Hukum Islam Di Institut Agama Islam Negeri Sunan Ampel Surabaya, Indonesia / Siti Aminah, . Siti Aminah
Pengaruh Orientalisme Dalam Pengajian Hukum Islam Di Institut Agama Islam Negeri Sunan Ampel Surabaya, Indonesia / Siti Aminah, . Siti Aminah
Student Works (2010-2019)
Institut Agama Islam Negeri (IAIN) Sunan Ampel Surabaya merupakan perguruan tinggi Islam Indonesia yang banyak mengambil model pendidikan Timur Tengah. Hal ini dapat dilihat dari wujud kelembagaan dan sistem kerjanya yang tidak jauh berbeza dengan pusat keilmuan di Timur Tengah. IAIN juga telah memperkenalkan dan mengajarkan pemikiran-pemikiran Islam Barat. Kajian ini bertujuan untuk Mengenalpasti sama ada IAIN dipengaruhi atau tidak oleh orientalisme serta faktor-faktor apa yang menyebabkan pengaruh orientalisme bertapak dan sejauh mana pengaruhnya dalam pengajian hukum Islam di IAIN Sunan Ampel. Dalam penelitian ini, penyelidik menggunakan metode kajian pustaka (library research) dan observasi lapangan. Kajian ini memakai metode kualitatif …
Utilitarianism And Liberal Religious Approach And Islamic Corporations: Distortion Vs. Protection Of Classical Islamic Law, Nehal Brain Abd Elrahman
Utilitarianism And Liberal Religious Approach And Islamic Corporations: Distortion Vs. Protection Of Classical Islamic Law, Nehal Brain Abd Elrahman
Theses and Dissertations
Utilitarianism and liberal religious approaches constitute two important results of Muhammed Abdou's project for modernizing Islamic law. Utilitarianism religious approach has dominated the Islamic legal field since the 19th century, the era of nationalist awakenings when Al-sanhurÄ« introduced his project on modernizing Islamic law. It requires cutting and pasting the supporting opinions to any argument from different Islamic schools of law. Liberal religious approach started gaining importance lately by modern Islamic scholars as a result of the increasing modern problems that were never discussed by classical Islamic scholars. It requires the reinterpretation of the main sources of Islamic law. The …
Muslim Minorities In The West: Between Fiqh Of Minorities And Integration, Dina M. Taha
Muslim Minorities In The West: Between Fiqh Of Minorities And Integration, Dina M. Taha
Theses and Dissertations
Fiqh of minorities is a specific framework/perspective of the general Fiqh that looks with one eye at the objectives and principles of Sharîâ a, and the other eye to consider the reality of Muslim minorities in cases that will, usually, only arise in the situation where Muslims constitute a minority. Fiqh of minority is, arguably, based on the premises that Muslim existence in non-Muslim communities, should promote a civilizational dialogue between the Islamic culture and other cultures. This paper argues that Fiqh of minorities' scholars attempt to provide legal opinions and solutions for Muslim minorities in the West in order …
Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali
Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali
Journal of Legal Education
No abstract provided.
Algerian Women Between French Emancipation And Religious Domination On Marriage And Divorce From 1959 Ordonnance No. 59-274 To The 1984 Code De La Famille, Teresa Camacho De Abes
Algerian Women Between French Emancipation And Religious Domination On Marriage And Divorce From 1959 Ordonnance No. 59-274 To The 1984 Code De La Famille, Teresa Camacho De Abes
Journal of International Women's Studies
The impact of the Code de la famille on Algerian women has been felt for 27 years and criticism of it is based on is supposed adherence to Sharī’ah. This is not an adequate assessment of this legal document or its amendments. It is a more complex issue that involves the attempt of society to re-define its identity as Algerian and Islamic after independence. In attempting to establish Algerian women’s identity there was a shift from fearless independent combatants who moved among men during the struggle for independence to a space for women as strictly wives and mothers within the …
Kajian Pemikiran Wael Bahjat Hallaq Terhadap Pengkajian Ilmu Usul Al-Fiqh / Ariyanti Binti Mustapha, Ariyanti Mustapha
Kajian Pemikiran Wael Bahjat Hallaq Terhadap Pengkajian Ilmu Usul Al-Fiqh / Ariyanti Binti Mustapha, Ariyanti Mustapha
Student Works (2010-2019)
Tujuan kajian ini dihasilkan adalah untuk mengetahui perkara-perkara berikut, iaitu: (i) latar belakang pendidikan Wael Bahjat Hallaq, (ii) mengenalpasti sumbangan utama beliau dalam pengkajian uÎËl al-fiqh, (iii) menganalisis kandungan utama artikel Was The Gate of IjtihÉd Closed, On The Origins of The Controversy About The Existence of Mujtahid and The Gate of IjtihÉd dan Early IjtihÉd and The Later Construction of Authority, (iv) menganalisis bentuk pemikiran Wael Bahjat Hallaq berdasarkan artikel tentang ijtihÉd. Kajian ini menggunakan kaedah perpustakaan bagi mengumpul karya Wael Bahjat Hallaq. Metod Induktif dan deduktif telah digunakan untuk menganalisis data yang dikumpul. Secara keseluruhannya, kajian ini mendapati …
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
NYLS Law Review
No abstract provided.
Hukum-Hukum Berkaitan Pesakit Aids Dalam Urusan Ibadat Dan Kekeluargaan., Noor Hamiza Mustapa
Hukum-Hukum Berkaitan Pesakit Aids Dalam Urusan Ibadat Dan Kekeluargaan., Noor Hamiza Mustapa
Student Works (2010-2019)
This dissertation discusses legal rules pertaining to AIDS patients in ‘ibadat and family matters. ‘Ibadat covers prayers, fasting and hajj. Family matters deal with marriage, fasakh (annulment of marriage), sexual intercourse, pregnancy, abortion, fosterage and hadanah (custody of children). The research based on primary and secondary sources, for instances, al-Quran, al-Sunnah, classical fiqh books, related acts and enactments, dissertations, theses, journals, seminar paperworks, magazines and newspapers. Moreover, in order to acquire primary sources which are current and latest, the author make an effort to interview specialists such as medical experts and contemporary Islamic scholars. The author utilizes various methods which …
Konflik Di Antara Kaum Muda Dan Kaum Tua Di Kelantan : Rujukan Kepada Kitab Tazkiah Al-Anzar Dan Al-Qawl Al-Mufid., Md Ashih Yaakub
Konflik Di Antara Kaum Muda Dan Kaum Tua Di Kelantan : Rujukan Kepada Kitab Tazkiah Al-Anzar Dan Al-Qawl Al-Mufid., Md Ashih Yaakub
Student Works (2010-2019)
This dissertation is an analysis of controversial issues of fiqh among Kaum Tua and Kaum Muda in Kelantan based on kitab Tazkiyat al-Anzar of Tengku Mahmud Zuhdi Bin Tengku Abdul Rahman al-Fatani and al-Qawl al-Mufid of Hj. Mohammad Bin Idris al-Kalantani. The study tries to analyze and investigate the fiqhiyyah’s issues which had been debated by them since the era of Mufti Hj. Wan Musa until nowadays. It also to introduce both books to the Muslim community. In getting the data, documentation’s method had been used in reviewing relevant documents like books, articles, and journals especially kitab Tazkiyat al-Anzar and …
A Value Oriented Legal Theory For Muslim Countries In The 21st Century: A Comparative Study Of Both Islamic Law And Common Law Systems, Rahma Hersi
Cornell Law School Inter-University Graduate Student Conference Papers
A legal tradition is not the same thing as a legal system, although the legal system inevitably forms part of the legal tradition and vice versa, a legal system may be used to refer to an operational set of rules, procedures and institutions. This paper will take a critical look at the legal sources used in both the Islamic Law and Common law systems as well the methodologies interpreting these sources. The pluralistic nature of many of the extant legal systems, calls for an analysis of the interpretation of law and the related sciences. Whereas the spread of globalization in …
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Washington and Lee Law Review
One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …
A Study Of Islamic Family Law In Malaysia: A Select Bibliography, Raihana Abdullah
A Study Of Islamic Family Law In Malaysia: A Select Bibliography, Raihana Abdullah
International Journal of Legal Information
Islamic Family Law is one of the most studied fields in Malaysian law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the law inter alia, legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to …
Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh
Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh
Journal of Legal Education
No abstract provided.
Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad
Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad
Journal of Legal Education
No abstract provided.
A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi
A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi
Journal of Legal Education
No abstract provided.
The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty
The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty
ExpressO
The world has witnessed a phenomenal growth in commercial disputes transcending national borders due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles …
Innovative Financial Securities In The Middle East: Surmounting The Ban On Interest In Islamic Law, Ariel Berschadsky
Innovative Financial Securities In The Middle East: Surmounting The Ban On Interest In Islamic Law, Ariel Berschadsky
University of Miami Business Law Review
No abstract provided.
Bedah Siasat : Penilaian Islam Terhadap Amalannya Di Malaysia / Fakhriani Mohammed Yusof, Mohammed Yusof Fakhriani
Bedah Siasat : Penilaian Islam Terhadap Amalannya Di Malaysia / Fakhriani Mohammed Yusof, Mohammed Yusof Fakhriani
Pre-2000 Student Works
No abstract provided.
Al-Sanhuri And Islamic Law: The Place And Significance Of Islamic Law In The Life And Work Of ʻAbd Al-Razzaq Ahmad Al-Sanhuri, Egyptian Jurist And Scholar, 1895-1971, Enid Hill
Faculty Books
No abstract provided.
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
Cleveland State Law Review
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …
A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel
A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel
Vanderbilt Journal of Transnational Law
There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …