The American University in Cairo
... adhered to and implemented by the Egyptian Legal System. Egyptian Courts do not recognize apostasy through conversion from Islam to another religion. Egyptian courts apply the legal consequences of apostasy on the apostate’s personal status. Egyptian penal codes criminalize the act of apostasy thro ...
... adhered to and implemented by the Egyptian Legal System. Egyptian Courts do not recognize apostasy through conversion from Islam to another religion. Egyptian courts apply the legal consequences of apostasy on the apostate’s personal status. Egyptian penal codes criminalize the act of apostasy thro ...
The Reopening of the Islamic Code Introduction
... entire past.7 Although some Islamic regimes have experimented with secularism--and Turkey has officially adopted non-amendable constitutional secularism--most Islamic nations reject the secular model of law under which legislative authority is reposed in institutions divorced from religion and law i ...
... entire past.7 Although some Islamic regimes have experimented with secularism--and Turkey has officially adopted non-amendable constitutional secularism--most Islamic nations reject the secular model of law under which legislative authority is reposed in institutions divorced from religion and law i ...
Harun_Islamic Norms in Secular sphere
... south Asia, to Western Europe and the United States. Among the problems often faced by such immigrant communities were also questions pertaining to their religion, or more precisely, to their religious laws. Many of these Muslim immigrants came from countries (such as Pakistan, India, Morocco, and E ...
... south Asia, to Western Europe and the United States. Among the problems often faced by such immigrant communities were also questions pertaining to their religion, or more precisely, to their religious laws. Many of these Muslim immigrants came from countries (such as Pakistan, India, Morocco, and E ...
The Human Rights Commitment in Modern Islam
... of reasons, including aggressive proselytising and the generous financial support of Saudi Arabia, these two movements became practically indistinguishable from each other, and they also became a dominant theological force in contemporary Islam. Puritanism resisted the indeterminacy of the modern ag ...
... of reasons, including aggressive proselytising and the generous financial support of Saudi Arabia, these two movements became practically indistinguishable from each other, and they also became a dominant theological force in contemporary Islam. Puritanism resisted the indeterminacy of the modern ag ...
Developing gender sensitive curricula in Islamic law
... A minority of courses, located in Faculties of Social Sciences and Law engage with the subject from a legal perspective drawing upon primary and secondary sources as well as contemporary state practice. Such courses tend to present a combination of doctrine and application, highlighting the theory a ...
... A minority of courses, located in Faculties of Social Sciences and Law engage with the subject from a legal perspective drawing upon primary and secondary sources as well as contemporary state practice. Such courses tend to present a combination of doctrine and application, highlighting the theory a ...
DUE PROCESS IN ISLAMIC CRIMINAL LAW S R *
... practices of the Prophet Muhammad (the Prophet) and his earliest followers (the Companions), and thus constitute the most authoritative body of precedents in Islamic law. These rules and principles have been recognized and restated by Muslim legal scholars from classical times to today, often in the ...
... practices of the Prophet Muhammad (the Prophet) and his earliest followers (the Companions), and thus constitute the most authoritative body of precedents in Islamic law. These rules and principles have been recognized and restated by Muslim legal scholars from classical times to today, often in the ...
Unexplored dimensions: Islamic land systems in Afghanistan
... category. At the same time, the role of Islamic ideas should not be exaggerated, given the dynamic relationship between Islamic, secular, customary, and state norms where there is legal pluralism. This chapter does not advocate for exclusive or automatic Islamic solutions where Muslims live; rather, ...
... category. At the same time, the role of Islamic ideas should not be exaggerated, given the dynamic relationship between Islamic, secular, customary, and state norms where there is legal pluralism. This chapter does not advocate for exclusive or automatic Islamic solutions where Muslims live; rather, ...
Islamic Criminal Law and Procedure
... fflmiliar laws and practices, the codes facilitated trade. 43 Large-scale reception of European law occurred in the Ottoman empire during the so-called Tanzimat reforms of 1839-1876. French statutes provided the model for the 1850 Ottoman commercial code, which included a provision for the payment o ...
... fflmiliar laws and practices, the codes facilitated trade. 43 Large-scale reception of European law occurred in the Ottoman empire during the so-called Tanzimat reforms of 1839-1876. French statutes provided the model for the 1850 Ottoman commercial code, which included a provision for the payment o ...
Designing Islamic constitutions: Past trends and
... and it considers the impact that different schemes have had on society. Finally, building on this background, the article considers what types of SGC enforcement scheme, if any, are consistent with democracy. As it notes, SGCs are often found in authoritarian or imperfectly democratic constitutions. ...
... and it considers the impact that different schemes have had on society. Finally, building on this background, the article considers what types of SGC enforcement scheme, if any, are consistent with democracy. As it notes, SGCs are often found in authoritarian or imperfectly democratic constitutions. ...
International Law, Regional Developments
... Islamic State with non-Muslim powers simultaneously with their articulation of other topics of Islamic law (see also → Islamic Approach to International Law). Questions of international law arose largely in connection with their analysis of the law governing international wars (jihad or siyar) and t ...
... Islamic State with non-Muslim powers simultaneously with their articulation of other topics of Islamic law (see also → Islamic Approach to International Law). Questions of international law arose largely in connection with their analysis of the law governing international wars (jihad or siyar) and t ...
Part 2. What are the problems?
... By the mid-nineteenth century, liberal policies had also come to dominate Germany and the separation of church and state became a prominent issue. The Kulturkampf in Germany is usually framed by the years 1871 and 1878 with the Catholic Church officially announcing its end in 1880 but the struggle ...
... By the mid-nineteenth century, liberal policies had also come to dominate Germany and the separation of church and state became a prominent issue. The Kulturkampf in Germany is usually framed by the years 1871 and 1878 with the Catholic Church officially announcing its end in 1880 but the struggle ...
SAEED ABDULLAH, The Need to Rethink
... foundation texts of Islam, the Qur'an and the su~znah,and with the current ethos of human rights, in particular the freedom to choose one's religion. The book demonstrates that the early development of the law of apostasy in general, and its punishment in particular, was in response to the sociopoli ...
... foundation texts of Islam, the Qur'an and the su~znah,and with the current ethos of human rights, in particular the freedom to choose one's religion. The book demonstrates that the early development of the law of apostasy in general, and its punishment in particular, was in response to the sociopoli ...
Traditional Islamic Approaches to Public International Law
... 1. Islamic Law – Some General Remarks When dealing with any part of Islamic Law from a secular European perspective, some general key features have to be kept in mind.2 First of all, one should be aware that Islamic Law is not equivalent to Syrian Law, or Egyptian Law, or even the law of decidedly I ...
... 1. Islamic Law – Some General Remarks When dealing with any part of Islamic Law from a secular European perspective, some general key features have to be kept in mind.2 First of all, one should be aware that Islamic Law is not equivalent to Syrian Law, or Egyptian Law, or even the law of decidedly I ...
V. Šisler: European courts´ authority contested?
... have been profoundly reshaped by immigration to the Western Europe. For the first time, a vast number of Muslims have deliberately left states which apply, at least in theory, Islamic principles in their legislation and moved to non-Islamic countries. Since classical Islamic jurisprudence does not p ...
... have been profoundly reshaped by immigration to the Western Europe. For the first time, a vast number of Muslims have deliberately left states which apply, at least in theory, Islamic principles in their legislation and moved to non-Islamic countries. Since classical Islamic jurisprudence does not p ...
"Muslim Rage" and Islamic Law - UC Hastings Scholarship Repository
... There is no doubt that an intelligent and dispassionate analysis of the situation requires not only the total abandonment of what I call the "genetic approach," an approach that is both dangerous and fruitless; it requires a careful and open-minded examination of the phenomenon concerned, so that we ...
... There is no doubt that an intelligent and dispassionate analysis of the situation requires not only the total abandonment of what I call the "genetic approach," an approach that is both dangerous and fruitless; it requires a careful and open-minded examination of the phenomenon concerned, so that we ...
`The Best of Times` and `The Worst of Times`: Human Agency and
... world. As former President Jimmy Carter of the United States described it on the first anniversary of the terrorist attacks: We have ignored or condoned abuses in nations that support our antiterrorism effort, while detaining American citizens as ‘enemy combatants,’ incarcerating them secretly and i ...
... world. As former President Jimmy Carter of the United States described it on the first anniversary of the terrorist attacks: We have ignored or condoned abuses in nations that support our antiterrorism effort, while detaining American citizens as ‘enemy combatants,’ incarcerating them secretly and i ...
The General Nature of Islamic Law and
... emerge different groups of jurists whose function, among many others, was to see to ' it that the so-called legal matters would fall within the scope of religious and moral precepts. In effect, what was called the consensus of the community or ijma' was the consensus of the learned scholars or juris ...
... emerge different groups of jurists whose function, among many others, was to see to ' it that the so-called legal matters would fall within the scope of religious and moral precepts. In effect, what was called the consensus of the community or ijma' was the consensus of the learned scholars or juris ...
The Case of an Afghan Apostate - Max-Planck
... Planck Institute for Comparative Public Law and International Law and the Institut International de Paris la Défense in Kabul.45 The participants had differing views on the possibilities of recourse to Hanafi jurisprudence and the limits determined by the Constitution. The different opinions will be ...
... Planck Institute for Comparative Public Law and International Law and the Institut International de Paris la Défense in Kabul.45 The participants had differing views on the possibilities of recourse to Hanafi jurisprudence and the limits determined by the Constitution. The different opinions will be ...
86713_1 - Griffith Research Online
... jurisprudence a common practice. Furthermore, in developing its legal system, scholars take into account the higher objectives of Sharī‘a, known as maqāṣid al-Sharī‘a,31 and divide it into two general categories: (1) higher objectives of the lawgiver; and (2) objectives of those accountable before t ...
... jurisprudence a common practice. Furthermore, in developing its legal system, scholars take into account the higher objectives of Sharī‘a, known as maqāṣid al-Sharī‘a,31 and divide it into two general categories: (1) higher objectives of the lawgiver; and (2) objectives of those accountable before t ...
Family Law, minorities and legal pluralism
... • In the matter of inheritance law there is a lot of controversy in the media accusing Islamic Law of unfairness. The classic example is always given of a daughter inheriting half as much as her brother. • In Islam the testator cannot write his spouse and children out of a will as one can in English ...
... • In the matter of inheritance law there is a lot of controversy in the media accusing Islamic Law of unfairness. The classic example is always given of a daughter inheriting half as much as her brother. • In Islam the testator cannot write his spouse and children out of a will as one can in English ...
mobasheri
... the problem. According to this rule, when two Islamic duties oppose each other, and Muslims cannot do both, they should implement one which is more useful for Islam and less harmful for it. Thus, according to some Islamic thinkers, performing Islamic punishments in the modern era can humiliate Islam ...
... the problem. According to this rule, when two Islamic duties oppose each other, and Muslims cannot do both, they should implement one which is more useful for Islam and less harmful for it. Thus, according to some Islamic thinkers, performing Islamic punishments in the modern era can humiliate Islam ...
LESSON 1
... owning property and wealth and many others. The acknowledgement of the freedom shows that Islam is a perfect and comprehensive religion sent to human beings. However, the freedom in Islam is moderate in nature, not too rigid like communist and at the same time not to liberal or absolute like capital ...
... owning property and wealth and many others. The acknowledgement of the freedom shows that Islam is a perfect and comprehensive religion sent to human beings. However, the freedom in Islam is moderate in nature, not too rigid like communist and at the same time not to liberal or absolute like capital ...
A Common Word: Readings from Quran and
... and all of them are the children of Adam and Eve (peace be upon them). The best Muslim is the one who is good to his/her family and neighbors and one who avoids harming others with his/her hand or tongue. 2. We believe in peaceful coexistence, dialogue, bridge building, and cooperation among all fai ...
... and all of them are the children of Adam and Eve (peace be upon them). The best Muslim is the one who is good to his/her family and neighbors and one who avoids harming others with his/her hand or tongue. 2. We believe in peaceful coexistence, dialogue, bridge building, and cooperation among all fai ...
islamic jurisprudence and the regulation of armed conflict
... Classical Muslim Koran Interpretation…regarded the Sword Verses, with the unconditional command to fight the unbelievers, as having abrogated all previous verses concerning the intercourse with nonMuslims. The idea is no doubt connected with the pre-Islamic concept that war between tribes was allowe ...
... Classical Muslim Koran Interpretation…regarded the Sword Verses, with the unconditional command to fight the unbelievers, as having abrogated all previous verses concerning the intercourse with nonMuslims. The idea is no doubt connected with the pre-Islamic concept that war between tribes was allowe ...
Současná jurisprudence pro muslimské menšiny v Evropě
... could document his (second) marriage in one of the Islamic centers, yet, his marriage then would not be regarded legitimate under the law of the country concerned. There are some flexible European laws concerning registering names of the children born even from illegitimate relationships. ...
... could document his (second) marriage in one of the Islamic centers, yet, his marriage then would not be regarded legitimate under the law of the country concerned. There are some flexible European laws concerning registering names of the children born even from illegitimate relationships. ...