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This Note examines the influence culture had on the creation of Islamic law as well as the inferred and direct questioning of the legitimacy of Islamic law due to cultural influence. Part I briefly discusses how law and culture create meaning. Part II discusses the transition from pre-Islamic to Islamic law and the role culture played in this
- John Hursh
- 2009
Islamic law absolutely and without qualifica- tion prohibits the marriage of a Muslim woman outside the faith, while a Muslim man is permitted to marry both Christian and Jew- ish women, in addition to Muslim ones. Muslim Middle Eastern countries retain this rule.32 That this restriction on a Muslim wo-.
- Introduction
- What Is Sharia?
- Why Is It So Controversial?
- How Much Room Is There For Reform?
- How Do Governments in The Muslim World Interpret and Enforce Sharia?
- How Do Extremist Groups Interpret Sharia?
- How Do Muslim-Minority Countries Approach Sharia?
Most of the world’s nearly fifty Muslim-majority countries have laws that reference sharia, the guidance Muslims believe God provided them on a range of spiritual and worldly matters. Some of these nations have laws that call for what critics say are cruel criminal punishments, or place undue restrictions on the lives of women and minority groups. ...
Sharia means “the correct path” in Arabic. In Islam, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God. Sharia is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form th...
Sharia is a source of debate among both Muslims and non-Muslims. Among the many reasons sharia generates controversy is that it’s often contrasted with modern legal regimes in predominantly secular countries. “If sharia is being compared to premodern legal systems, there’s hardly anything controversial about it,” Abou El Fadl says. Sharia can also ...
Some Muslim scholars say the religious tenet of tajdid allows for practices under sharia to be modified or eliminated. The concept is one of renewal, an idea suggesting that Islamic societies should be reformed constantly to remain pure. At the same time, others consider the purest form of Islam to be the one practiced in the seventh century. Moreo...
About half of the world’s Muslim-majority countries have some sharia-based laws, typically governing areas such as marriage and divorce, inheritance, and child custody. Only about a dozen Muslim countries apply sharia to criminal law, in part or in full. Governments tend to favor one of the major schools, or madhhabs, of Islamic law, although indiv...
Islamist militant groups are notorious for embracing puritanical interpretations of sharia. Al-Qaeda, al-Shabab, and the self-declared Islamic State, among others, want to establish what they call fundamentalist regimes. Such organizations rely on violence and terrorism to push their extreme versions of Islamic law, establish and expand their influ...
Some governments let independent religious authorities apply and adjudicate their faith’s laws in certain situations. For instance, the United Kingdom (UK) allows Islamic tribunals governing marriage, divorce, and inheritance to make legally binding decisions if both parties agree. Similar mechanisms exist for Jewish and Anglican communities. In Is...
ISLAMIC LAW AND LEGAL CHANGE Social change poses important questions for any legal system that is based on a finite text, be it a constitution or a religious scripture. The main issue jurisprudents have to come to terms with is how the limited material foundation of the law can be brought to bear on everyday life in an ever-changing environment ...
This is exemplified in Islamic family law and religious tradition, which provides justice to women in some aspects but not in others. Based on experiences with my own family and community—the Chrang Chamres village—I explore how Islamic family law and religious traditions impact women.
The Islamic legal system consists of legal institutions, determinations, and practices that span a period of over fourteen hundred years and arise from a wide variety of cultural and geographic contexts that are as diverse as Arabia, Egypt, Persia, Bukhara, Turkey, Nigeria, Mauritania, Mali, Indonesia, and India.
Apr 12, 2024 · This bibliography covers English-language books and articles within books that discuss Islamic law. The titles have all been published since 2003 and are held in the Library of Congress. The listing is divided into three sections: works on Islamic law in general, works on the history of Islamic law, and works devoted to a specific area of law.
