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Majid Khadduri, one of the world's preeminent authorities on Islamic justice and jurisprudence, presents his extensive study and reflection on Islamic political, legal, ethical, and social philosophy. This book is both a magisterial historical synthesis and an illumination of the beliefs and practices of modern Islam. (World Religion)
This book explains a perspective on the system of justice that emerges in Islam if rules are followed and how the Islamic system is differentiated from the conventional thinking on justice. It examines conceptions of justice from the Enlightenment to Bentham to Rawls to contemporary philosophers including Sen, Cohen, Nussbaum, and Pogge. The authors present the views of twentieth century Muslim thinkers on justice who see Muslims upholding rituals but not living according to Qur’anic rules. It provides empirical surveys of the current state of justice in Muslim countries analyzing the economic, social, and political state of affairs. The authors conclude by assessing the state of justice-injustice in Muslim countries and highlighting areas in need of attention for justice to prevail.
The book is laid out to outline the Islamic standpoint on justice and it's high standard. This manuscript will attempt to clarify a major misconception that has gained widespread acceptance in some academic circles. The misconception is that the Muslim judge judges blindly according to a rigid set of outdated laws without giving due consideration to what is in the best interest of either the public or in upholding the rights of a person. Finally, it will seek to demonstrate how the ethical standards that govern the conduct and office of the qadi reinforces the public trust and confidence in the Islamic judicial system as a whole. Given that the Islamic judiciary does not have the powers of the sword or the purse - powers that are reserved for the executive and the legislative branches of government - respect is said to be the greatest strength of the institution itself.Islamic law requires a Muslim judge (hakim or qadi) to conform to the highest ethical standards both in their personal conduct and in issuing rulings that are just and seen to be just.
Author : Lawrence Rosen Publisher : University of Chicago Press Page : 293 pages File Size : 26,77 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 is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.
Justice is one of the essential features of Islam. It has about considerably different responses in various comnnunities. We have discussed some of these responses and their theoretical foundations. The present study is divided into five chapters. The first chapter deals with the definition of justice in general. In view of the fact that Muslim philosophers had been influenced with Greek Philosophy, we have therefore delineated the concept of justice in Greek Philosophy. We have also discussed the meaning and significance of justice in Christianity. It has been done to clearly bring out the inverse relation between the two. Having retained the reformative, Islam has also propounded a different theory of justice which takes into account the reformative and the retributive both. The second chapter deals with the definition of justice in Islam and also describes the views on justice of the various schools of the early Islam. We have focused herein on the Khawarij, Murjia, Jabriya and Qadariyah. The third chapter deals with the justice explained in the later schools of Islamic Philosophy. We have deliberated here on the rationalistic point of view of indeterminism. Besides the Mutazilah we have also included Farabi as the representative of rationalist thinkers. It has been concluded on the discussion of orthodox Ashariyah determinism. With its representative thinkers, like, Baqilani, Al-Ghazzali, Abdu, etc. We have also discussed Shiah interpretation of justice which is an intermediary between the Mutazilah and the Ashariyah. The subsequent chapter discusses the modern Islamic philosophers who have deliberated on justice: such as, Shariati, Mutahhari and Qutb, etc. In the conclusion we have explained our point of view. The Purpose of the study is to bring out various point of views of important schools of Muslim Philosophy together and to make the assessment as to which of them has represented the basic idea of justice. The schools of Muslim Philosophy have worked either the influence of Greek philosophy or orthodox Islam. The Modern philosophers like Mutahhari and Shariati have emphasized the social significance of justice, and they have given their ideal method.
In Freedom, Equality and Justice in Islam, M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. Freedom, Equality and Justice in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of Man: An Islamic Perspective and Freedom of Expression in Islam.
Social Justice in Islam is perhaps the best known work of Sayyid Qutb, a leading figure in the Muslim Brethren of Egypt who was executed by the regime of 'Abd al-Nasir in 1966. Despite the years that have passed since Sayyid Qutb's death, the imprint of his thought on the contemporary Islamic movements of the Arab world remains profound. The Arabic original of Social Justice in Islam was first published in 1949, but this book in particular retains its relevance in many respects: the persistence of gross socio-economic inequality in most Muslim societies; the need for viewing Islam as a totality, imperatively demanding comprehensive implementation; and the depiction of the West as a neo-Crusading force.
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).