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The Unfamiliar Abode: Islamic Law in the United States and Britain

Kathleen Moore

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.001.0001
Subject:
Religion, Islam

Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic ... More


Between Religion and Law: Politics as an Intervening Variable

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0005
Subject:
Law, Public International Law, Comparative Law

Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the ... More


Islamic Natural Law Theories

Anver M. Emon

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.001.0001
Subject:
Law, Philosophy of Law, Legal History

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of ... More


Religious Liberty and <i>Shari‘a</i>

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0004
Subject:
Law, Public International Law, Comparative Law

Understanding the law and politics of religious freedom in the Muslim world first requires knowledge of the teachings and traditions of Islam, as well as their significance for Muslim followers. This ... More


A Synthesis

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0007
Subject:
Religion, Islam

This chapter presents a synthesis of discussions in the preceding chapters. It reviews the various classical schools of the fundamentals of usûl al-fiqh. It then proposes a new geography of the ... More


The International Covenant on Civil and Political Rights (Iccpr) in the Light of Islamic Law

MASHOOD A. BADERIN

in International Human Rights and Islamic Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199285402
eISBN:
9780191709173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285402.003.0003
Subject:
Law, Human Rights and Immigration

This chapter examines the provisions of the ICCPR in the light of Islamic law to determine their scope of compatibility. It investigates each right under the ICCPR, followed by an Islamic law ... More


The Formation of Middle Eastern Law

Chibli Mallat

in Introduction to Middle Eastern Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199230495
eISBN:
9780191710926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230495.003.0002
Subject:
Law, Comparative Law

This chapter discusses the development of Middle Eastern law from earliest times. It introduces the concepts of shari'a, fiqh, and qanun, which all mean ‘law’, and dwells on Islamic law as the ... More


Shari‘a

Devin J. Stewart

in Islamic Political Thought: An Introduction

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691164823
eISBN:
9781400866427
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691164823.003.0014
Subject:
Religion, Islam

This chapter discusses the shari'a, the sacred law of Islam. Law is an essential feature of revealed religion in both the Qur'an and Islamic thought in general, and the term shari'a is used with ... More


Conclusion

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0018
Subject:
Religion, Islam

This chapter presents some concluding thoughts. The transformation reform proposed in the book involves multiple requirements: a new outlook on texts and human and social contexts, mobilizing ... More


Conclusion: Toward a World Legal Tradition

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0007
Subject:
Law, Public International Law, Comparative Law

This chapter presents some concluding thoughts about Islamic law and religious freedom. Religious freedom, a crucial aspect of human dignity, is inherently worthy of protection. Moreover, its ... More


Civil Society

Azzam S. Tamimi

in Rachid Ghannouchi: A Democrat Within Islamism

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195140002
eISBN:
9780199834723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195140001.003.0005
Subject:
Religion, Islam

Islamic society is a civil society, one that has been undermined by the enforced process of secularization, thus impairing its ability to sustain a genuine process of democratization.Like John Keane, ... More


Elaborating an Applied Islamic Ethics

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0011
Subject:
Religion, Islam

This chapter shows how the new geography of the sources of law, and its consequences for spheres of authority, can take concrete shape in Muslim societies and communities, and particularly in the ... More


The Return of the Repressed in the Policy Process

Christopher Bail

in Terrified: How Anti-Muslim Fringe Organizations Became Mainstream

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159423
eISBN:
9781400852628
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159423.003.0006
Subject:
Society and Culture, Middle Eastern Studies

This chapter explains how anti-Muslim organizations leveraged their newfound media influence to cast mainstream Muslim organizations as terrorist sympathizers before U.S. policy makers. Though ... More


Society, Education, and Power

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0016
Subject:
Religion, Islam

This chapter discusses the need to address issues such as education, civil societies, and the management of the different religious and political powers in the reform of Islamic thought. It argues ... More


Human Rights 1 and Islamic Law 2

MASHOOD A. BADERIN

in International Human Rights and Islamic Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199285402
eISBN:
9780191709173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285402.003.0002
Subject:
Law, Human Rights and Immigration

This chapter begins by discussing the different traditional barriers which must be destroyed in order to facilitate the dialogical approach adopted to confront the discourse of human rights from an ... More


Jus in Bello, Suicide Bombing, and Killing Civilians

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0007
Subject:
Political Science, Political Theory, International Relations and Politics

In the 1990s, Osama bin Laden observed proudly that the Afghan jihad against the Russians was unstained by the blood of innocents. Yet, since 1993, civilians have been al‐Qaeda's chosen targets. This ... More


Radical Reform: Islamic Ethics and Liberation

Tariq Ramadan

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.001.0001
Subject:
Religion, Islam

This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is ... More


Islam and Liberal Citizenship: The Search for an Overlapping Consensus

Andrew F. March

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195330960
eISBN:
9780199868278
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195330960.001.0001
Subject:
Religion, Islam

This book examines both the liberal and the Islamic legal and doctrinal treatments of the moral and political terms of residence and citizenship in a non-Muslim liberal democracy. It seeks to stage ... More


Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries

Nadjma Yassari

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0012
Subject:
Law, Company and Commercial Law

This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic ... More


Jihad and Al‐Qaeda's Just Cause

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter begins with an overview of the development of the Islamic just war tradition (jihad). It then narrows the focus to the critical issue of just cause. Osama bin Laden and his deputy, Ayman ... More


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