Islamic Law

In the middle of the 20th century the texts of two waqf documents, drawn up in the 11th century in Arabic in Samarḳand, were discovered, which are of great significance for studying the history and culture of Central Asia of the Ḳarakhanid period. One of them was drawn up for madrasa, and the second for the hospital in Samarḳand, which were donated for public use as a charitable donation by the Ḳarakhanid ruler of Samarḳand Ṭamghādj Bughrā Khān (ruled in 444-460/1052-1068) in the month of Radjab 458/June 1066. The originals of these two documents have not reached us, but their text was included in some works on jurisprudence by medieval jurists. Many manuscripts of these works, containing copies of these two documents, are kept in various manuscript collections of the world. In the Shāh-i Zinda complex at the Afrāsiyāb settlement in Samarḳand, the remains of a monumental building were excavated, which were identified with the madrasa of Ṭamghādj Bughrā Khān. The present book consists of a critical edition of two waqf documents of Ṭamghādj Bughrā Khān, a Russian translation and a detailed historical-geographical and archaeological-topographic commentary with the involvement of data from archaeological and toponymical studies.

This article examines the, hitherto comparatively unexplored, reception of Greek embryology by medieval Muslim jurists. The article elaborates on the views attributed to Hippocrates (d. ca. 375 BC), which received attention from both Muslim physicians, such as Avicenna (d. 1037), and their Jewish peers living in the Muslim world including Ibn Jumay (d. ca. 1198) and Moses Maimonides (d. 1204). The religio-ethical implications of these Graeco-Islamic-Jewish embryological views were fathomed out by the two medieval Muslim jurists Shihāb al-Dīn al-Qarāfī (d. 1285) and Ibn al-Qayyim (d. 1350). By putting these medieval religio-ethical discussions into the limelight, the article aims to argue for a two-pronged thesis. Firstly, pre-modern medical ethics did exist in the Islamic tradition and available evidence shows that this field had a multidisciplinary character where the Islamic scriptures and the Graeco-Islamic-Jewish medical legacy were highly intertwined. This information problematizes the postulate claiming that medieval Muslim jurists were hostile to the so-called 'ancient sciences'. Secondly, these medieval religio-ethical discussions remain playing a significant role in shaping the nascent field of contemporary Islamic bioethics. However, examining the exact character and scope of this role still requires further academic ventures.

"The increasing sensibility regarding intangible cultural heritage provides momentum to better define a legal framework for the protection of these peculiar immaterial goods. This article questions whether the current intellectual property rights (IPRs) regime represents an adequate model of protection vis-à-vis intangible cultural heritage. A plethora of caveats must be taken into consideration, starting with the desirability of the commodification of intangible cultural heritage, i.e. its exploitation and commercialization through the IPRs regime, but also including the outlining of the legal instruments needed for guaranteeing adequate advantages for the countries and communities representing the sources of origin of the intangible goods. 
After framing the crucial issues detected in literature regarding intangible cultural heritage, the article investigates the ways in which the actual IPRs regime grants protection to intangible goods. Our evaluation supports the idea that, without a many-faceted remodeling, current intellectual property laws represent an unsatisfactory mechanism for protecting intangible cultural heritage. This inadequacy is rooted in the inefficacy of IPRs under the patent and copyright regimes in ensuring the protection of cultural heritage, while also falling short of fostering an appropriate comprehensive social policy."

In the past couple decades, interest in learning and teaching Islamic law has increased in both the Muslim and non-Muslim world. The popularity of Islamic banking and finance has especially triggered scholarly studies in this field, since the study of uṣūl al-fiqh is the essence of comprehending the law revealed by the Lawgiver. In order to fully implement the intention of the Lawgiver in the field of tashrī‘, as well as in Islamic banking and finance, properly learning the components of uṣūl al-fiqh is highly essential for those who are both theorists and practitioners. A better understanding of the principles of Islamic law and the methods of interpretation of the texts is necessary to appropriately convey the message of the eternal sources to the experts, just as a driver’s licence is necessary to drive a car and a medical certificate is necessary to practice medicine − without these certificates, one may cause a serious accident or death. Such an understanding will protect students, especially those of the younger, technologically advanced generation, from reckless approaches towards aḥkām of the Qur’ān and the Sunnah. Studying the principles of Islamic law, uṣūl al-fiqh, is as essential as studying other sciences to be qualified in Islamic sciences, since they are a manifestation of divine law, which reflects the rules (aḥkām) derived from the main sources, the Qur’ān and the Sunnah, which are simply called the Sharī‘ah.

Abstract: Perform Abortion is basically prohibited under any law whatsoever, either in the positive law and in Islamic law. Because the act of abortion is a criminal offense with murder of candidate human lives in the womb. However, other conditions then gives leeway do this forbidden actions, such as in cases of rape and medical emergencies, which, if not performed abortions would result in danger to the life of the mother. Therefore, the debate will be this exception still occurs. So it is necessary to conduct in-depth research on the issue.
Keywords: Abortion, Rape, Medical Emergencies

THIS IS NOT MY (FAJRI's) WORK, BUT OF DR MAJDAH ZAWAWI, I AM UPLOADING THIS ON HER BEHALF Legal analogy is the most common method of legal reasoning in most legal systems. However, there are differences in the application of legal analogy in the civil legal system if compared to its application in the Islamic legal system. The main aim of this article is to look into the discrepancies in applying legal analogy between these two legal systems, primarily by looking into the utilization of the method of masalik al-'illah under Islamic law as compared to the theory of ratio decidendi, and distinguishing under the civil law.

A well-regulated economic system requires incentives that reward productive and withhold rewards from unproductive activity. Such incentives are put in place by means of legislation and enforced with the help of regulatory agencies. A well-managed system will allocate resources more efficiently than a system in which income may be gained without active participation in economic activity, by lending at interest in particular, which invariably increases the prices of finished goods without, however, adding any value. Interest-based lending produces a range of important, though rarely highlighted, side effects. They include inefficiency, indebtedness, instability, inflation, unemployment, slow or declining economic growth, and an uneven distribution of wealth. (224 pages)

The discourse on the 'Islamization' of laws in the legal systems of post-colonial Muslim states is dominated by two conflicting narratives. The dominant Western narrative views the Islamization of laws as the reincarnation of narrow and archaic laws embodied in discriminatory statutes. In contrast, the dominant narrative of political Islam deems it as the cure-all for a range of social, political and economic ills afflicting that particular Muslim state. This Paper presents a deeper insight into the Islamization of Pakistan's law. Pakistan has three decades of experience with incorporating shari'a law into its Common Law system, an experience which has been characterized by a constant struggle between the dominant Western and Islamist narratives. Pakistan's experience helps us deconstruct the narratives and discourses surrounding Islamization and understand that the project of incorporating Islamic laws in a modern Muslim society must be based upon indigenous demands and undertaken in accordance with the organically evolving norms of recognition, interpretation, modification and enforcement in that society. Furthermore, substantive law cannot be understood or enforced outside of a legal system, its legal culture(s) and professional discourse(s), and of the broader socio-political dialectics that give context and relevance to it. Therefore, we need to shift focus to the systemic problems deeply ingrained in Pakistan's legal system that allow law and legal processes to be used to prolong disputes and cause harassment. Islamic legality can, in fact, play a significant role in breaking down the resistance that vested interests may offer to such a restructuring of the legal system along more egalitarian lines.

The W.W. Norton Company has developed something of a reputation for producing definitive anthologies; as a young undergraduate I vividly recall lugging around two hefty volumes of The Norton Anthology of English Literature over three tiring years. It was with some excitement then that I opened the Islam volume of the recently published Norton Anthology of World Religions. Could we expect the same canon-shaping selection of primary texts that capture, in this case, the lifeblood of Islamic literary production over 14 centuries condensed into a single, accessible, English-language volume? The answer, after some lengthy and very pleasant perusal, has transpired to be a resounding yes.

‘[A] valid concept of “Islam” must denote and connote all possible “Islams,” whether abstract or “real,” mental or social’ (104)... Ahmed seeks to avoid two major pitfalls: (1) making Islam into a static essence or a category within an essentialist framework – such as proscription/prescription, ‘religion’,‘civilization’, ‘culture’, ‘orthodoxy’, etc., and (2) rendering Islam into a totally incoherent concept by conceding that there are as many islams as there are communities or individuals. Ahmed’s thesis (presented in Chapter 5) is that Islam is best conceptualized as a process of meaning-making or hermeneutical engagement in which the human agent engages with the Divine Revelation granted to Muhammad in one or more of this Revelation’s hierarchical dimensions – Pre-Text, Text, and Con-Text – in order to constitute meaning for himself."

‘A’isha bint Abi Bakr (d. 678 CE) is probably best known today as a wife of the Prophet Muhammad, whose life is particularly notable due to her involvement in several dramatic events which subsequently loomed large in inter-Muslim sectarian polemic. However, her portrayal in many Sunni medieval texts from a variety of literary genres as an authority on subjects ranging from law to variant readings of the Quran is beginning to receive more scholarly attention. This article brings together existing critical research on the presentation of ‘A’isha in classical Muslim works as a source of legal traditions and hadiths as well as a transmitter of the Quran, summarizes some of my own research, and points to ways that her image as an intellectual figure continues to be important to many Muslims today.

'Proto-Salafist' 14th century theologian Ibn Taymiyya is recognised as the intellectual forefather of contemporary Salafism and Jihadism. This volume offers a unique approach to the study of Ibn Taymiyya, by offering an English translation of his fundamental political treatise, The Office of Islamic Government, and shorter collections from The Collected Fatwas and The Prophetic Way, and Islamic Governance in Reconciling between the Ruler and the Ruled. The volume not only sheds light on these primary sources through translation and annotation, but also offers a theoretical analysis of Ibn Taymiyya's thought and how his legal viewpoint can be reconciled with current trends in Islamic political theory. The analysis provides an overview of Ibn Taymiyya's geo-political context, and offers an original study of his normative political thought. In examining the contemporary implications of Ibn Taymiyya's political theology, the authors explore his doctrine of the Islamic state in the context of Islamic decolonial theory.

Islam and the State in Ibn Taymiyya will appeal to academics in the fields of political science and religious studies, particularly within the field of Islamic history.

Nu’mān Bin Thābit, better known by his kunyah, Abū Ḥanīfah, has been subject to much criticism due to his supposed lack of knowledge in Ḥadīth and Ḥadīth studies. The methodology of the Ḥanafīs has been similarly scrutinized as it is infamously known to diverge from the other schools in their methodological usage of the sources in deriving legal rulings. Where the other orthodox schools use a methodology derived from al-Shāfi’ī's combination of the reports and opinion, Abū Ḥanīfah is known to have ruled from the Qur’ān more-so than from the reports. A particular aspect of the discussion is the idea that he took his own opinion over the clear textual sources of the Sunnah i.e. the Ḥadīth reports. However, what has been overlooked is the way in which Abū Ḥanīfah used the Ḥadīth and how he understood them. Rather than having a weakness in Ḥadīth, as purported by some, Abū Ḥanīfah had a unique understanding of Ḥadīth, and subjected them to great scrutiny in order to derive the truest rendition of God’s law on earth. Rather than a detraction from Prophetic reports, it seems that there has been a lack of understanding when it comes to the Usūl of Abū Ḥanīfah.

Landmark Decisions for Comparative Research

In many countries of the Middle East and North Africa, the institutions charged with constitutional review have undergone substantial reform in recent decades, indicating a rising awareness of the constitutional review as a potent instrument. New courts have been created (e.g. Iraq 2004), and existing courts have been attributed new competences and procedures (e.g. Tunisia 2014, Morocco 2017). Most courts have expanded their role and relevance (e.g. Egypt and Kuwait), shaping political and societal change.

A partir de l'étude du chapitre 38 de l'ouvrage du savant mecquois al-Fâsî (m. 1429), Shîfâ' al-gharâm bi-akhbâr al-balad al-harâm, consacré à l'histoire du hajj, cet article tente d'identifier les modes de représentation du pouvoir mecquois dans l'oeuvre d'al-Fâsî. Il suggère que le récit récurrent des fitnas qui déchirèrent la cité sainte au moment du pèlerinage était une manière de
mieux en neutraliser les effets et les traces, à un moment où s'affirmait un nouveau pouvoir local fort, autour du chérif Hasan b. 'Ajlân.

In his objective study of the texts, Maurice Bucaille clears' away many preconceived ideas about the Old Testament, the Gospels and the Quran. He tries, in this collection of Writings, to separate what belongs to Revelation from what is the product of error or human interpretation.

His study sheds new light on the Holy Scriptures. At the end of a gripping account, he places the Believer before a point of cardinal importance: the continuity of a Revelation emanating from the same God, with modes of expression that differ in the course of time. It leads us to meditate upon those factors which, in our day, should spiritually unite rather than divide-Jews, Christians and Muslims.

As a surgeon, Maurice Bucaille has often been in a situation where he was able to examine not only people's bodies, but their souls. This is how he was struck by the existence of Muslim piety and by aspects of Islam which remain unknown to the vast majority of non-Muslims. In his search for explanations which are otherwise difficult to obtain, he learnt Arabic and studied the Quran. In it, he was surprised to find statements on natural phenomena whose meaning can only be understood through modern scientific knowledge.

He then turned to the question of the authenticity of the writings that constitute the Holy Scriptures of the monotheistic religions. Finally, in the case of the Bible, he proceeded to a confrontation between these writings and scientific data.

The results of his research into the Judeo-Christian Revelation and the Quran are set out in this book.

Although Hanafism historically was, and remains, the largest school of legio-ritual thought (madhhab) in Islam by number of followers, it has not garnered as much attention in the occidental academe as it's lesser adhered to counterpart Sunni schools of thought.  Amongst contemporary Hanafis there is a debate, which recently emerged about what actually was the ‘true’ early Hanafi legal theory (usul al-fiqh) that was espoused by the eponymous Abu Hanifa (699-767 C.E). A pair of British Hanafis wrote Hanafi Principles of Testing Hadith to repudiate contemporaneous Hanafis who allegedly adopted hadith criticism methods from the Shafi’i school (Shukurov 2015). Meanwhile, the accused textualist Ḥanafīs said regarding the book Hanafi Principles of Testing Hadith, “The only thing worthwhile in the book is its binding and the quality of paper used” (Cheema 2016). These polemics are both engaging in ritual critique demonstrating not only the heterogeneity of Hanafism but also how a legio-ritual school in Islam is a series on continuing debates between various Muslim scholars. Hanafism emerged out of early debates between, the Ahl al-Hadith (AH) and the Ahl al-Ra`y (AR). Abu Hanifa, like his teachers, was from the Kufan camp of the AR. This historiographical secondary literature review aims to give a broad history of the madhhab from its inception to contemporary times with an emphasis on ritual theory, ritual practice, the various strains of Hanafi doctrine, and their genealogies. In the terms of ritual studies, ritual theory is the “myth,” or way of explaining why the ritual practice should take place (Dudgeon 2019, 90-92).

This Paper explores and summarises the Director's Duties of the UK Companies Act 2006 with emphasis on "the duty to promote the success of the company.

Tags:
Companies Act 2006 model articles, Companies Act 2006 summary
companies act 2006 pdf
companies act 2006 model articles
companies act 2006 regulations 2013
Companies Act 2006 UK
UK Companies Act 2006

The distinctively Shiʿi conception of non-Muslims as bearers of a contagious form of impurity emerges gradually, reaching its classical form only in the 5th/11th century. Contrary to common scholarly presumptions, Q. 9.28 does not constitute the point of origin for this conception but rather serves as retroactive justification for its validity. This essay utilizes ḥadīth collections and works of law from the 2nd/8th through 5th/11th centuries to trace the emergence of Shiʿi notions regarding the impurity of non-Muslims and the parallel emergence of distinctively Shiʿi norms regarding the meat of animals slaughtered by non-Muslims. It concludes by suggesting that the differences between Sunni and Shiʿi notions regarding the food and impurity of non-Muslims reflect the different ways in which Sunnis and Shiʿi conceive of the Islamic community itself.

It is sometimes argued that the non-therapeutic, non-consensual alteration of children’s genitals should be discussed in two separate ethical discourses: one for girls (in which such alterations should be termed ‘female genital mutilation’ or FGM), and one for boys (in which such alterations should be termed ‘male circumcision’). In this article, I call into question the moral and empirical basis for such a distinction, and argue that all children—whether female, male, or intersex—should be free from having parts of their genitals removed unless there is a pressing medical indication.

These are my notes on the Hanbali fiqh text Akhsar al-Mukhtasarat, which is one of the fundamental books studied by Hanbalis in the beginning of their studies. The notes are from the chapters related to worship. The notes are based on the explanation of Sh. Yusuf ibn Sadiq al-Hanbali from Egypt.

This article examines the canonization of the Prophetic hadith, " Whoever imitates a people becomes one of them, " which became the keynote expression of tashabbuh (reprehensible imitation), a Sunni doctrine commonly invoked by religious authorities to distinguish Muslims from non-Muslims. First, I analyze how the Partisans of Hadith transmitted and classified the hadith, highlighting the pivotal role of Abū Dāwūd (d. 275/889) in canonizing the tradition. I then trace the divergent trajectories of its interpretation over time, especially the glosses of two brilliant Damascenes: Ibn Taymiyya (d. 728/1328) and Najm al-Dīn al-Ghazzī (d. 1061/1651). This study draws not only from hadith commentaries but also from treatises on law, ethics, and Sufism, illustrating how hadith interpretation takes place in multiple Islamic literary genres. A detailed appendix catalogues the collections of hadith that transmit the tradition; compares different narrations in order to date and locate its circulation; and visually maps its isnād networks.

Hakîkatte, şu makâle sâhibi tarafından da i’tiraf edildiği gibi, otuz küsûr Sahâbî’den yüz yetmiş küsûr rivâyetle gelen bir husûsun îmân eden akıllı kimseye göre tartışılır yanı olamaz. Hele buna İcmâ’ı eklerseniz, söylenilebilecek hiçbir şey kalmaz. Lâkin, îmân mevzûudur; tartışma götürmez, deyip saçma ve hezeyanlarına toz kondurmayan şarkıyyâtçı Hristiyanların ihdâs ettikleri -kesin îmân düstûrları da dâhil- istisnâsız İslâmî her mes’lede aslolan uydurma olmaktır, şeklindeki bilimsel dogma artık onların içimizdeki şâkirdlerince yeni bir îmân esâsı hâlini aldı. Nihâyet bu peşin ithâmın anaforundan kurtulmanız için sebebler âlemi size yetmeyecek kadar dardır. Vesvese bile olamayacak sebebler ileri sürülerek fâhişelik töhmetiyle yüzü kara edilmek istenen iffet âbidesi bir genç kıza, hadi fâhişe olmadığını isbât et, denildikten sonra, onun, töhmet dayanaklarına nisbetle yerden arş kadar yüksek olan hüccetlerinin bile yeterli delîl kabûl edilmediğini görüyoruz…

Şâfiî mezhebi, günümüze intikal eden dört büyük Sünnî fıkıh mezhebinden birisidir. Muhammed b. İdris eş-Şâfiî’ye (ö. 204/820) nispet edilen bu mezheb, Hanefî ve Mâlikî mezheblerinden sonra ortaya çıkmış ve Şâfiî’nin geliştirdiği yeni usûl anlayışı doğrultusunda, geriye bıraktığı furû fıkıh mirası üzerinde şekillenmiştir. Hicrî ikinci yüzyılın hâkim iki fıkıh ekolü konumundaki Hanefîler ve Mâlikîlerden farklılaşan yeni bir usûl anlayışı geliştirmiş olan Şâfiî’nin görüşleri, ashab olarak anılan yakın öğrencileri ve müteakip nesillerin çalışmaları neticesinde bir fıkıh
mezhebine dönüşmüştür. Bir yüzyılı aşkın bir süreç dâhilinde muhtelif alanlarda yaşanan gelişmeler, Şâfiî mezhebini güçlü ve etkin bir fıkıh mezhebi haline getirmiştir. Bu tezde, hicrî üçüncü asırla dördüncü asrın başlarında Şâfiî fıkıh çevresinde yaşanan gelişmeler çerçevesinde mezhebin teşekkül süreci incelenmektedir. Şâfiî’nin ashabı, onların öğrencileri ve üçüncü nesille sınırlanan bu çalışma, Şâfiî fıkıh çevresinde yaşanan ve mezhebin teşekkül sürecine katkı sağlamış muhtelif gelişme alanlarını bahse konu etmekte ve hicrî dördüncü asrın başları itibarıyla Şâfiî mezhebinin ulaştığı noktanın tespitini hedeflemektedir.