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Islamic Law and the Challenges of Modernity

Islamic Law and the Challenges of Modernity
Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
Total Pages: 278
Release: 2004
Genre: Law
ISBN: 9780759106710

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Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!


Wahhābī Islam Facing the Challenges of Modernity

Wahhābī Islam Facing the Challenges of Modernity
Author: Muhammad Al-Atawneh
Publisher: BRILL
Total Pages: 229
Release: 2010-06-14
Genre: Law
ISBN: 9004185704

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This book examines Dār al-Iftā, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahhābī interpretations of the Shari'a to late twentieth-century modernity.


Modern Challenges to Islamic Law

Modern Challenges to Islamic Law
Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
Total Pages: 329
Release: 2016-10-06
Genre: Law
ISBN: 1107033381

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This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.


Everyday Islamic Law and the Making of Modern South Asia

Everyday Islamic Law and the Making of Modern South Asia
Author: Elizabeth Lhost
Publisher: UNC Press Books
Total Pages: 377
Release: 2022-05-10
Genre: History
ISBN: 1469668130

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Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.


Islam, the West and the Challenges of Modernity

Islam, the West and the Challenges of Modernity
Author: Tariq Ramadan
Publisher: Kube Publishing Ltd
Total Pages: 373
Release: 2009-09-01
Genre: Religion
ISBN: 0860374394

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Tariq Ramadan attempts to demonstrate, using sources which draw upon Islamic thought and civilization, that Muslims can respond to contemporary challenges of modernity without betraying their identity. The book argues that Muslims, nurished by their own points of reference, can approach the modern epoch by adopting a specific social, political, and economic model that is linked to ethical values, a sense of finalities and spirituality. Rather than a modernism that tends to impose Westernization, it is a modernity that admits to the pluralism of civilizations, religions, and cultures. Table of Contents: Foreword Introduction History of a Concept The Lessons of History Part 1: At the shores of Transcendence: between God and Man Part 2: The Horizons of Islam: Between Man and the Community Part 3: Values and Finalities: The Cultural Dimension of the Civilizational Face to Face Conclusion Appendix Index Tariq Ramadan is a professor of Islamic Studies at the University of Oxford and a visiting professor in Identity and Citizenship at Erasmus University. He was named by TIME Magazine as one of the one hundred innovators of the twenty-first century


Islamic Law and Governance in Contemporary Iran

Islamic Law and Governance in Contemporary Iran
Author: Mehran Tamadonfar
Publisher: Lexington Books
Total Pages: 387
Release: 2015-05-20
Genre: Law
ISBN: 1498507573

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The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.


Contemporary Issues in Islam

Contemporary Issues in Islam
Author: Asma Afsaruddin
Publisher: Edinburgh University Press
Total Pages: 232
Release: 2015-08-31
Genre: Religion
ISBN: 0748695753

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This book deals with certain "e;hot-button"e; contemporary issues in Islam, including the Shari'a, jihad, the caliphate, women's status, and interfaith relations. Notably, it places the discussion of these topics within a longer historical framework in order


Modernity and the General Philosophy of

Modernity and the General Philosophy of
Author: Sulaiman Rifai
Publisher: Createspace Independent Publishing Platform
Total Pages: 450
Release: 2018-08-20
Genre:
ISBN: 9781725963276

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How does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This book emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context we should time and space factors. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this book is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. The book explores different areas of modern development in human sciences to highlight the importance of legal changes in accordance with social changes and it explores the adaptable nature of Islamic law to all places and in ages without distorting the essence.


Tradition and Modernity

Tradition and Modernity
Author: David Marshall
Publisher: Georgetown University Press
Total Pages: 250
Release: 2013-05-20
Genre: Religion
ISBN: 1589019822

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Tradition and Modernity focuses on how Christians and Muslims connect their traditions to modernity, looking especially at understandings of history, changing patterns of authority, and approaches to freedom. The volume includes a selection of relevant texts from 19th- and 20th-century thinkers, from John Henry Newman to Tariq Ramadan, accompanied by illuminating commentaries.