[PDF] Foundations And Conditions Of Copyright In Islamic Law eBook

Author : Mohamed Ali Ahdash
Publisher :
Page : 0 pages
File Size : 36,27 MB
Release : 2016
Category : Copyright (Islamic law)
ISBN : 9781903682906

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Copyright in Islamic Law is the first work in English to systematically discuss the ideas of intellectual property and copyright from an Islamic perspective. The author, Dr Mohamed Ali Ahdash, builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haqq), ownership (milkiyya), wealth (mal) and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith, before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom ('urf) and legal maxims (qawa'id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is both a ground-breaking study in Shari'a law and a valuable contribution to the ongoing debates on copyright in general.

Author : Olaf Köndgen
Publisher : BRILL
Page : 364 pages
File Size : 21,76 MB
Release : 2024-07-25
Category : Law
ISBN : 9004699031

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The present work supplements the original volume of A Bibliography of Islamic Criminal Law, the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline this bibliography covers in its thematic section not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section, dedicated to countries, eras and institutions Olaf Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law, also with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.

Author : Hiroyuki Yanagihashi
Publisher : BRILL
Page : 340 pages
File Size : 29,6 MB
Release : 2021-10-11
Category : Law
ISBN : 9047413415

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The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā.

Author : Eirik Hovden
Publisher : BRILL
Page : 437 pages
File Size : 39,27 MB
Release : 2018-10-22
Category : Law
ISBN : 9004377840

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Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.

Author : Paul McDonough
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 27,53 MB
Release : 2021-01-07
Category : Political Science
ISBN : 1509919716

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This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

Author : Feisal al-Istrabadi
Publisher : Brookings Institution Press
Page : 272 pages
File Size : 34,58 MB
Release : 2018-06-26
Category : Political Science
ISBN : 0815732171

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Looking to the future in confronting the Islamic State The Islamic State (best known in the West as ISIS or ISIL) has been active for less than a decade, but it has already been the subject of numerous histories and academic studies—all focus primarily on the past. The Future of ISIS is the first major study to look ahead: what are the prospects for the Islamic State in the near term, and what can the global community, including the United States, do to counter it? Edited by two distinguished scholars at Indiana University, the book examines how ISIS will affect not only the Middle East but the global order. Specific chapters deal with such questions as whether and how ISIS benefitted from intelligence failures, and what can be done to correct any such failures; how to confront the alarmingly broad appeal of Islamic State ideology; the role of local and regional actors in confronting ISIS; and determining U.S. interests in preventing ISIS from gaining influence and controlling territory. Given the urgency of the topic, The Future of ISIS is of interest to policymakers, analysts, and students of international affairs and public policy.

Author : Ayman Shabana
Publisher : Springer
Page : 272 pages
File Size : 48,63 MB
Release : 2010-11-14
Category : Religion
ISBN : 0230117341

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This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 39,91 MB
Release : 2021-05-25
Category : Law
ISBN : 9004446958

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Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.