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Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. Dispensing Justice is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Author : Lawrence Rosen Publisher : University of Chicago Press Page : 293 pages File Size : 21,51 MB Release : 2018-03-13 Category : Law ISBN : 022651174X
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.
Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Looks At The Role Of Judiciary And Different Problems Encountered In Administering Justice In Pakistan Also Looks At Alternative Dispute Resolutions Mechanism, Public Interest Litigation And Historical Aspects Of Justice. Makes Suggestion For Improving The Present System Of Justice And Also A Comparative Study Of Legal System In Usa, Uk, India And Other Countries. Eight Chapters And Appendices.
Noted Indian writer and polymath Ram Swarup explores the meaning of Islam through the words of the Sahih Muslim, considered by Muslims to be one of the most authoritative of the collections of "traditions" (Arabic Hadith) about the life of the Prophet Muhammad. Like the Koran, these traditions are believed to be divinely revealed by Allah and they complement the verses of the Koran, in many cases expanding upon them and explaining the context of their revelation. As Swarup notes in his introduction, to Muslims the Hadith literature represents the Koran in action, stories of "revelation made concrete in the life of the Prophet." Among the orthodox they are considered as sacred as the Koran itself.Swarup is plainly skeptical of the claim that the Hadith literature is divinely inspired. In the introduction he says, "The Prophet is caught as it were in the ordinary acts of his life - sleeping, eating, mating, praying, hating, dispensing justice, planning expeditions and revenge against his enemies. The picture that emerges is hardly flattering. . . . One is . . . left to wonder how the believers, generation after generation, could have found this story so inspiring. The answer is that the believers are conditioned to look at the whole thing through the eyes of faith. To them morality derives from the Prophet''s actions. . . .his actions determine and define morality."The Sahih Muslim, a massive work consisting of 7,190 traditions divided into 1,243 chapters, is hardly accessible to the average reader; so Swarup quotes representative selections that touch upon the main tenets of Islam: faith, purification, prayer, fasting, pilgrimage, marriage and divorce, crime and punishment, religious wars (jihad), paradise, hell, repentance, and many other features of the religion.To non-Muslims this work provides many insights into the mindset of the average Muslim who is raised on these traditions about Muhammad. It also underscores the gulf that exists between the sanctum of orthodox Islam and an increasingly secularized Westernized world.