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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


Jurisprudence as Mirror

Kathleen M. Moore

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

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.003.0002
Subject:
Religion, Islam

This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of ... More


A Primer on Islamic Family Law

Julie Macfarlane

in Islamic Divorce in North America: A Shari’a Path in a Secular Society

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199753918
eISBN:
9780199949588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199753918.003.0002
Subject:
Religion, Islam

This chapter describes the development of Islamic law as a system from the primary sources of the Qur’an, the Sunna and hadith, and reviews the major tools of an Islamic legal method. It examines the ... More


Religious Legal Traditions: The Role of Islam in Shaping Policy in Egypt and Saudi Arabia

Dana Zartner

in Courts, Codes, and Custom: Legal Tradition and State Policy toward International Human Rights and Environmental Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199362103
eISBN:
9780199362127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362103.003.0005
Subject:
Political Science, Comparative Politics, International Relations and Politics

This chapter turns to a very different legal tradition, that of Islamic law. Stemming from a religious origin and encompassing not only traditional legal rules but also rules concerning the living of ... More


Juvenile Justice in Muslim-Majority States

Lena Salaymeh

in Juvenile Justice in Global Perspective

Published in print:
2015
Published Online:
March 2016
ISBN:
9781479826537
eISBN:
9781479838004
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479826537.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter provides overviews of laws relating to the crimes of minors in three distinct, legal-historical moments: in orthodox Islamic jurisprudence as developed in the late antique and medieval ... More


Human Rights in Islamic Jurisprudence: Why Should All Human Beings Be Inviolable?

Recep Şentürk

in The Future of Religious Freedom: Global Challenges

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199930890
eISBN:
9780199980581
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199930890.003.0014
Subject:
Religion, Religion and Society

This chapter seeks to recapture the classical tradition of Islamic jurisprudence that recognizes universal human rights irrespective of religious status, gender, place, or time. It shows how the loss ... More


Fiqh in the Twentieth Century: A Comparative Approach

KATE ZEBIRI

in Maḥmūd Shalt=ut and Islamic Modernism

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198263302
eISBN:
9780191682469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198263302.003.0005
Subject:
Religion, Islam

This chapter examines the works of Maḥmūd Shaltūt relevant to the Islamic fiqh. During the 19th and 20th centuries, the development of fiqh was overtaken by the rapid pace of legal reforms and in ... More


After the Flood

Rüdiger Seesemann

in The Divine Flood: Ibrahim Niasse and the Roots of a Twentieth-Century Sufi Revival

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195384321
eISBN:
9780199897421
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384321.003.0008
Subject:
Religion, Islam

This chapter gives a condensed overview of the developments after the ultimate breakthrough of 1951 and the state of the fayda today. Although the reasons behind the extraordinary expansion of the ... More


Definitions and Conceptions of Slave Ownership in Islamic Law 1

Bernard K. Freamon

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0004
Subject:
Law, Human Rights and Immigration, Legal History

This chapter surveys the definitions and conceptions of slavery and slave ownership in the Islamic legal system. It takes a look at the similarities of the Islamic jurisprudence's approach to slavery ... More


Shi‘i Leadership and America

Liyakat Nathani Takim

in Shi'ism in America

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814782965
eISBN:
9780814784242
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814782965.003.0005
Subject:
Religion, Religion and Society

An important aspect of American Shiʻism is how members of the community have drawn upon their religious leaders, who are based in the Middle East, to shape and guide their religious and ... More


Understanding Veiling in Islamic Sacred Texts

Sahar Amer

in What Is Veiling?

Published in print:
2014
Published Online:
January 2015
ISBN:
9781469617756
eISBN:
9781469619804
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469617756.003.0002
Subject:
Religion, Religious Studies

Both Muslims and non-Muslims are of the opinion that veiling is required among Muslim women and that the veil is prescribed by Islam in no uncertain terms to its female adherents. This chapter ... More


Muslim Debates on Jihad in British India: The Writings of Chiragh ‘Ali and Abu al-A‘la Mawdudi

Omar Khalidi

in Just Wars, Holy Wars, and Jihads: Christian, Jewish, and Muslim Encounters and Exchanges

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199755042
eISBN:
9780199950508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755042.003.0015
Subject:
Religion, Religion and Society

The failure of the Sepoy Mutiny of 1857 led many Indian Muslim thinkers to reexamine the sources for Islamic jurisprudence. A group of intellectuals led by Sayyid Ahmad Khan of Aligarh presented ... More


Contesting Governance: Authority, Protest, and Rights Talk in Postrepublican Iran

Arzoo Osanloo

in Middle East Authoritarianisms: Governance, Contestation, and Regime Resilience in Syria and Iran

Published in print:
2013
Published Online:
June 2013
ISBN:
9780804783019
eISBN:
9780804784351
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804783019.003.0006
Subject:
Political Science, Comparative Politics

This chapter connects the current calls for rights with the often neglected aspects of the Iranian government's “republic,” noting that Imam Khomeini's vision of a so-called pure Islamic government ... More


The Legal Boundaries of Marital Discipline

Ayesha S. Chaudhry

in Domestic Violence and the Islamic Tradition

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199640164
eISBN:
9780191747755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199640164.003.0004
Subject:
Law, Philosophy of Law

This study of the four major Sunnī legal schools in the pre-colonial period illustrates the range of legal opinions about the application of Q. 4:34, as well the connections and overlap between the ... More


Preserving Islamic Tradition: Abu Nasr Qursawi and the Beginnings of Modern Reformism

Nathan Spannaus

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190251789
eISBN:
9780190251802
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190251789.001.0001
Subject:
Religion, Islam, Religion and Society

Abu Nasr Qursawi (1776–1812) was a major figure in the history of the Muslim communities of the Russian Empire. An important religious scholar, he wrote works calling for the reform of the Islamic ... More


What Do Progressive Muslims Say about Veiling?

Sahar Amer

in What Is Veiling?

Published in print:
2014
Published Online:
January 2015
ISBN:
9781469617756
eISBN:
9781469619804
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469617756.003.0003
Subject:
Religion, Religious Studies

A contemporary group of Muslims, many of whom consider themselves “progressive,” have challenged the mainstream and restrictive interpretations of Qur'anic verses on female dress and the hadith ... More


An Epistemological Critique

Nathan Spannaus

in Preserving Islamic Tradition: Abu Nasr Qursawi and the Beginnings of Modern Reformism

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190251789
eISBN:
9780190251802
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190251789.003.0003
Subject:
Religion, Islam, Religion and Society

The main premise of Qursawi’s reformism is that any action or belief must be based on the most certain sources of religious knowledge—Qur’an and sound hadith—to the exclusion of anything not ... More


Evolution of Islamic Law and Women’s Spaces Within It

Flavia Agnes

in Law and Gender Inequality: The Politics of Women's Rights in India

Published in print:
2001
Published Online:
October 2012
ISBN:
9780195655247
eISBN:
9780199081189
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195655247.003.0003
Subject:
Law, Family Law

This chapter examines the development and evolution of Islamic law in India and describes women’s rights under Islamic jurisprudence. It explains that though the Islamic law is later origin than the ... More


The Calligraphic State: Textual Domination and History in a Muslim Society

Brinkley Messick

Published in print:
1992
Published Online:
May 2012
ISBN:
9780520076051
eISBN:
9780520917828
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520076051.001.0001
Subject:
Anthropology, Middle Eastern Cultural Anthropology

This combination of anthropology, history, and postmodern theory examines the changing relation of writing and authority in a Muslim society from the late nineteenth century to the present. The ... More


The Abrek in Soviet Chechen Literature

Rebecca Gould

in Writers and Rebels: The Literature of Insurgency in the Caucasus

Published in print:
2016
Published Online:
January 2017
ISBN:
9780300200645
eISBN:
9780300220759
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300200645.003.0002
Subject:
Political Science, Russian Politics

This chapter traces the emergence of the anticolonial bandit (abrek) in Chechen Soviet literature. Beyond mapping this institution onto its broader social context, it studies how the sanctification ... More


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