Islamic Studies Commons^™

Islamic Law Without Legal Authority: Sharia And State Governance In Kazakhstan, Duman Saifullin, Temur Amankul, Laura Toktarbekova, Erkinbek Daken

Occasional Papers on Religion in Eastern Europe

This article examines the role and status of Islamic law (Sharia) in Kazakhstan, a Muslim-majority country that has consistently maintained a strictly secular legal order. The background of the study is grounded in the apparent paradox between Kazakhstan’s Islamic historical heritage and the complete absence of Sharia from its formal legal system. The objective of the research is to explain how and why Islamic law has remained confined to private, moral, and ritual domains while being excluded from state legislation and judicial practice. Methodologically, the article employs a qualitative legal-sociological and historical approach, combining analysis of constitutional norms, legal regulations, …

Assessing Universal Basic Income: An Islamic Historical And Maqāṣidī Perspective, Abdulazeem Abozaid, Saqib Hafiz Khateeb

Journal of King Abdulaziz University: Islamic Economics

The constant concern for ensuring that the basic needs of every human are met has prompted various steps with an aim to promote equality. This concern has eventually led to an increasing demand to guarantee a reasonable standard of living. Some economists have recently revisited the concept of Universal Basic Income (UBI) that has caught the interest of some governments and policy makers. This paper investigates the concept of UBI from historical, legal (Islamic), and Maqāṣidī perspectives. It traces the conceptual origins of UBI back to the Islamic society since the early Islamic history. Adopting a conceptual–analytical methodology, the paper …

Marriage Governance In Kyrgyzstan: Convergence And Divergence Between Secular Law, Islamic Norms, And Customary Practices, Aisuluu Adylbekkyzy, Zailabidin Azhimamatov, Aiitmamat Kariev

Occasional Papers on Religion in Eastern Europe

Marriage governance in Kyrgyzstan is shaped by the coexistence of secular law, Islamic norms, and customary law), creating a plural legal environment in which multiple sources of authority regulate family relations. This study examines how these normative systems interact in the governance of marriage, identifies areas of convergence and divergence, and explores their implications for legal legitimacy and family regulation. Employing a qualitative socio-legal methodology grounded in legal pluralism theory, the research draws on documentary and comparative analysis of legal texts, Islamic sources, official religious guidance, and relevant scholarly literature. The findings demonstrate that marriage governance in Kyrgyzstan operates through …

New Issues In Temporary Muslim Endowments (Waqf), Moath Alnaief, Kotb Rissouni, Reda Ibrahim Abdelgalil, Maryam Almansoori

All Works

Purpose — This study aims to discuss several examples of temporary Islamic endowments (waqfs) in the modern period, arguing that jurists and Muslim endowment managers should utilise them more widely to adjust to current societal circumstances and open the door for new ways of caring for those in need. Design/Methodology/Approach — It employed textual analysis of legal opinions related to temporary waqfs, outlining the positions of scholars on both sides of the issue, including a presentation and analysis of their evidence. Findings — The research findings show that temporary waqfs are an essential means of renewable and sustainable economic support, …

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …

A Critical Analysis Of The Claim That Absolute Juristic Interpretation (Ijtihād) Has, Moath Alnaief, Kotb Rissouni

All Works

This article critically analyzes the dominant opinion prevailing regarding the foundation of Islamic jurisprudence (uṣūl al-fiqh) which states that absolute independent juristic interpretation (al-ijtihād al-muṭlaq al-mustaqill) is no longer possible. Therefore, based on the belief that this level of interpretation requires the creation of a unique method for deriving legal rules (istinbāṭ), a method that arguably ended with the founders of the primary schools of law. This research inspects a new interpretive method which was not developed by late scholars. Consequently, the article uses legal reasoning as an interpretive method to criticize the previous opinions regarding Islamic Jurisprudence by using …

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 …

‘Abd Al-Raḥmān B. ‘Amr Al-AwzāʿĪ [Book Review], Walid Ghali

Faculty & Staff Publications

No abstract provided.

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 …

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, …

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

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 …

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

Journal of Legal Education

No abstract provided.

A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi

Journal of Legal Education

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.