Showing posts with label Islamic Law. Show all posts
Showing posts with label Islamic Law. Show all posts

Friday, September 06, 2024

Law and Governance in Islamic Societies

    Friday, September 06, 2024   No comments

Law and Governance in Islamic Societies is a translation from Arabic of two lectures by Abd al-Wahāb Kallāf (d. 1956). The materials were originally published in Arabic in two different books. One was published in 1971 under the title Khulāsat Tārīkh al-Tashrī` al-Islāmī. The other was published nearly ten years later under the title al-Sulutāt al-thalātha fī al-islām.

This revised translation is based on the Arabic text of al-Sulutāt al-thalātha fī al-islām, which was published in 1980, but also checked against some of Kallaf's ideas published in his other works, including `Ilm uṣūl al-fiqh, al-ijtihād wa-'l-taqlīd, and fiqh al-siyāsa al-shar`iyya.

About the author: 

Abdul Wahhab Khallaf (1888 - 1956) is one of the most prominent jurists and expert in modern Sunni Islamic thought.

Born Abd al-Wahhab Abd al-Wahid Khallaf in the city of Kafr al-Zayyat in March 1888. He received a traditional religious education that led to his completion of the memorization the Qur'an. He joined al-Azhar in 1900. He completed his studies at the Sharia School in 1915 and was one of the first students to join the prominent institution since it was founded in 1907.

Abdul-Wahhab Khallaf became a Sheikh and worked at al-Azhar's Sharia Judiciary School immediately after his graduation, and he remained there until the start of the 1919 Revolution. During the revolution, he moved to take a judicial position in the Sharia courts (1920). He was appointed director of mosques in the Ministry of Endowments in 1924, and to the Courts Inspection Department in 1931.

In 1936, he was appointed to a professorship of Islamic law position at Cairo University, and he remained affiliated with the institution until his passing due to illness in 1956.

  


Monday, April 01, 2024

Islamic Law and Jurisprudence: mecelle-Ottoman Civil

    Monday, April 01, 2024   No comments

 

The civil code of the last dynasty that ruled the Islamic community (umma), the Ottoman Sultanate, is a rich body of text for those interested in understanding the connection between legal principle and legal code. The document, formally known as the mecelle (majalla), is based on Hanafism that originated during the second Islamic century (8th century)-a school of jurisprudence that is rooted in reason (ra'y) as opposed to tradition (hadith), making it a remarkable source for learning about the origins and evolution of classical Islamic law from the formative period to the fall of the caliphate system (20th century).


Islamic Law and Jurisprudence
 is an updated translation of the Ottoman Civil Code. This body of law was applied in Muslim-majority countries in Southwest Asia, North Africa, and the Balkans before, during and immediately after the end of the British and French colonization of Muslim majority countries.


Friday, July 28, 2023

Islamic law, politics, and governance books

    Friday, July 28, 2023   No comments

 

Books on Sharia and Fiqh:


Friday, May 26, 2017

What qualifies financial services or products to be sharia-compliant?

    Friday, May 26, 2017   No comments
Economists specializing in the study of Islamic finance and economics have reduced Islamic laws governing financial and economic transactions to two: proscription on receiving or paying “interest” and mandating that investors and developers

Sunday, January 22, 2017

Islamic Law and Institutions: Select Bibliography

    Sunday, January 22, 2017   No comments



Sunday, January 08, 2017

The Mejelle: Ottoman Legal Code

    Sunday, January 08, 2017   No comments
Mejelle 
(mecelle)

Buy mejelle (mecelle)
PART I

DEFINITION AND CLASSIFICATION OF ISLAMIC JURISPRUDENCE
Article 1. The science of Islamic jurisprudence consists of a knowledge of the precepts of the Divine Legislator in their relation to human affairs.
The questions of Islamic jurisprudence either concern the next world, being known as rules relating to worship, or to this world, being divided into sections dealing with domestic relations, civil obligations and punishments. Thus God decreed the continuation of the world until the appointed time. This, however, can only occur by mankind being perpetuated which is dependent upon marriage of male and female with a view to procreation. Moreover, the continuation of the human species is assured by individuals associating together. Man, however, in view of the weakness of his nature is dependent upon food, clothing, housing and the industries for his subsistence. In other words, in view of the fact that man is a civilized being, he cannot live in solitude like the other animals, but is in need of co-operation and association in work with his fellow men in order to live in a state of Civilization. Every person, however, asks for the things which he likes and avoids things which are disagreeable to him. As a result, it has been necessary to establish laws of a nature likely to maintain order and justice as regards marriage, mutual help and social relations, which are the basis of all civilization.


The first division of Islamic jurisprudence is the section dealing with domestic relations. The second is the section dealing with civil obligations. In view of the fact that the continuance of civilization on this basis necessitates the drawing up of certain matters relating to punishments the third section of Islamic jurisprudence deals with punishments.
As regards the section dealing with civil obligations, the questions which are of the most frequent occurrence have been collected together from reliable works and set out in this Code in the form of Books. These Books have been divided into Chapters and the Chapters into Sections. The questions of detail which will be applied in the Courts are those questions which are set out in the following Chapters and Sections. Muslim jurists, however, have grouped questions of Islamic jurisprudence under certain general rules, each one of which embraces a large number of questions and which, in the treatises on Islamic jurisprudence, are taken as justification to prove these questions. The preliminary study of these rules facilitates the comprehension of the questions and serves to fix them in the mind. Consequently, ninety nine rules of Islamic jurisprudence have been collected together as follows, before commencing on the main work and form Part II.
Although a few of them, taken alone, admit of certain exceptions, their general application is in no way invalidated thereby, since they are closely interrelated.


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