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Hosen Nadirsyah (ed.). Research Handbook on Islamic Law and Society. Edward Elgar Publishing,2018. — 474 p.. 2018

This book examines the role of Islamic law, not just as it exists in the Holy texts (Qur’an and Hadith), but as it is actually applied in society, through legislation, fatwa, court cases, khutbah (sermon), media, or scholarly debate. By considering its larger social, political, economic and cultural contexts, all the contributors in the book evaluate when and how actors and institutions turn to Islamic law to find the answers to problems faced by Islamic society.

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Contents
Contributors
Acknowledgements
Introduction: Islamic law in action
PART 1 FAMILY LAW AND COURTS
Colonial legacies: family laws in Singapore and Australia
Ann Black
INTRODUCTION
HISTORICAL CONTEXT AND ITS CONSEQUENCES
PRACTICAL CONSEQUENCES OF LEGAL DUALISM AND MONISM IN THE APPLICATION OF SHARI’AH FAMILY LAW TODAY IN AUSTRALIA AND SINGAPORE
REFLECTIONS ON MULTICULTURALISM: CONVERGENCE AND DIVERGENCE IN AUSTRALIA AND SINGAPORE
The application of kafala in the West
Kieran Mclean Eadie
Despite growing Muslim minority populations in many Western coun­tries, one area where there has traditionally been seen to be a legal disconnect between those populations and their new countries is the area of adoption, or the similar but distinct concept known in Islam as ‘kafala’.
WHAT IS KAFALA?
WESTERN CONSTRUCTS OF ADOPTION
ISLAMIC COUNTRIES, SYSTEMS OF LAW AND TREATMENT OF KAFALA
AN INTERNATIONAL LAW SOLUTION?
PROSPECT FOR CHANGE, ADAPTATION AND RECOGNITION
SOLUTIONS NOW AND THE FUTURE
‘The best interests of the child’: critical analysis of the Libyan High Court decision
Ali Omar Ali Mesrati
INTRODUCTION
LIBYAN LEGAL SYSTEM
GUARDIANSHIP: GENERAL PRINCIPLES
Definition and the Ordering of Guardians Definition of the child
Is the Right of Guardianship a Right of the Child or a Right of the Guardian?
Guardianship Conditions Libyan Legislation 10/1984
Key Cases
Other Related Cases
Upholding Guardianship Libyan Legislation 10/1984
Visitation Rights Libyan Legislation 10/1984
Discretion of the High Court Libyan Legislation 10/1984
Reinstating the Right of Guardianship Libyan Legislation 10/1984
Expenses for Maintaining the Child and the Guardian Libyan Legislation 10/1984
Accommodation of the Guardian Libyan Legislation 10/1984
CONCLUSION
ADR and Islamic law: the cases of the UK and Singapore
Arif A. Jamal
INTRODUCTION
ADR AND ISLAM
ADR, ISLAM AND THE UK
ADR, ISLAM AND SINGAPORE
CONCLUSION
PART 2 PROPERTY AND BUSINESS
Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution
S. M. Solaiman
INTRODUCTION
JUSTIFICATION FOR THIS RESEARCH
CORPORATIONS AND CORPORATE SOCIAL RESPONSIBILITY
OCCUPATIONAL HEALTH AND SAFETY
CONCLUSIONS
Business in Islam: revisiting Islamic banking practices in Bangladesh Afroza Begum
INTRODUCTION
BUSINESS IN ISLAM
ISLAMIC BANKS IN BANGLADESH
Islamic banking emerged in Bangladesh in the mid-1980s with the establishment of the first Islamic bank in the capital city, fostering the subsequent formation of another seven full-fledged Islamic banks (IBS).[526]
Modes of Financing
PLS vis-à-vis DST in Islamic Banks (IBS) in Bangladesh
IMPLEMENTING MECHANISM
CONCLUSION
Property law and trusts (waqf) in Iran
Hossein Esmaeili
INTRODUCTION
BASIC CONCEPTS OF PROPERTY UNDER ISLAMIC LAW
THE PLACE OF PROPERTY LAW UNDER ISLAMIC JURISPRUDENCE
PUBLIC OWNERSHIP v PRIVATE OWNERSHIP UNDER ISLAMIC LAW AND IRANIAN LAW
PROPERTY LAW UNDER THE IRANIAN CONSTITUTION
CIVIL CODE OF IRAN AND PROPERTY INTERESTS
The Iranian Civil Code was adopted initially in 1928 and was amended on many occasions before the Islamic Revolution in 1979, as well as after the Revolution.
Classification of Property
Public Property
Interests in Property
Sources of Property Ownership
OTHER RELEVANT LEGISLATION
OWNERSHIP OF MINERALS
INTELLECTUAL PROPERTY
WAQF
CONCLUSION
PART 3 CRIMINAL LAW AND JUSTICE
Corporate criminal liability in Saudi Arabia
Mohammed Fahad Aljiday Alsubaie
INTRODUCTION
CORPORATE CRIME IN THE KINGDOM OF SAUDI ARABIA (KSA)
CRITICISMS
CONCLUSION
Blasphemy and apostasy laws in the Muslim world: a critical analysis Faisal Kutty
Apostasy and blasphemy have been at the forefront of the news from the Muslim world in too many instances over the past few years.[712]
BLASPHEMY LAWS - THE PAKISTANI LANDSCAPE
APOSTASY - THE MALAYSIAN LANDSCAPE
THE WAY FORWARD
Despite the fact that there is irrefutable evidence to conclude that blasphemous speech and apostasy are sins, the undisputed primary and only infallible source (according to a majority of scholars) of Islamic theology, philosophy and laws, the Qur’an, mandates no worldly punish­ment for blasphemy or apostasy, and certainly not death.
Education about the Role of Human Agency in the Development of Islamic Law
Encouraging Scholars and Jurists to Speak Out Against Blind Taqlid
International Initiative to Combat Islamophobia and Promotion of Hate
CONCLUSION
Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system
Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi
INTRODUCTION
RESTORATIVE JUSTICE IN ISLAMIC LAW
Upholding justice is an essence in Islamic law: Muslims are encouraged to be just and fair in carrying out their affairs.
Victim as Stakeholder
Community as Stakeholder
Pardon (al-Afw)
Compensation (ad-Diyyah)
Reconciliation, Negotiation and Mediation (as-Sulh)
Repentance (at-Tawbah)
ISLAMIC LAW IN MALAYSIAN LEGAL HISTORY
CURRENT PRACTICES IN THE MALAYSIAN CRIMINAL JUSTICE SYSTEM
Looking at the current practices, as mentioned in the early part of this chapter, there was a call by the government to examine restorative justice for the purpose of applying some, if not all, of its principles and practices.
The Criminal Procedure Code
The Domestic Violence Act 1994
CONCLUSION
PART 4 ETHICS, HEALTH AND SCIENCES
Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia
Nurussyariah Hammado
INTRODUCTION
WOMEN IN THE ISLAMIC WORLD
While men and women are considered equal under the Quran, Muslim women in the twenty-first century are still being burdened by conserva­tive and patriarchal interpretations of the Quran.[943]
A. Saudi Arabia
B. Tunisia
ADOPTION
POLYGYNY AND DIVORCE
MEDICALLY ASSISTED REPRODUCTION
ABORTION
CHILD MARRIAGE
FEMALE GENITAL MUTILATION
CONCLUSION
Collective ijtihad on health issues in Indonesia
Nadirsyah Hosen
INTRODUCTION
THE RULES ON IJTIHAD
COLLECTIVE IJTIHAD·. A NEW DEVELOPMENT
CASE STUDIES: COLLECTIVE IJTIHAD ON HEALTH ISSUES
CONCLUSIONS
Halal and other codes: can religion, science and ethics guide legal regulation?[1116] Richard Mohr
INTRODUCTION
THE RESEARCH
CASE STUDIES
A. Free Range
B. Halal
Food Safety
CONCLUSIONS
A. Regulation and Values
B. Rights and Rules: Law
Rules and Reason: Science
Religion: a Repository of Values?
Last Observations on Law, Science and Religion
PART 5 ARTS AND EDUCATION
Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice
Mia Corbett
In every age and in most religious matters, people are caught between those ultra-conservatives who interpret the law strictly so as to forbid,
INTRODUCTION
FINDING THE ‘ISLAM’ IN ISLAMIC ART
DECONSTRUCTING THE LEGAL MISCONCEPTION
PORTRAITURE IN ISLAMIC ART
ICONOCLASM
ANICONISM
QUR’ANIC VERSE IN ISLAMIC ART
CONCLUSION
The lawfulness of music in contemporary Indonesian debate
Neneng Yanti Khozanatu Lahpan
INTRODUCTION
THE LAWFULNESS OF MUSIC IN THE INDONESIAN CONTEXT
MUSIC AMONG PESANTREN COMMUNITIES
MUSIK ISLAM AND MUSIK ISLAMI
MUSIK ISLAMI IN THE CONTEXT OF WEST JAVA
CONCLUSION
Educational rights for women in Saudi Arabia
Maan Abdul Haq Khutani
INTRODUCTION
SAUDI ARABIA AND WOMEN’S RIGHTS
HISTORY OF WOMEN’S EDUCATION IN SAUDI ARABIA
FINDINGS AND RECOMMENDATION
Although the United Nations and the government have exerted painstak­ing efforts to develop women’s rights, there has been and continues to be broad discrimination against the women in all social, economic and cultural aspects of life.
A. Dominance of Guardians
B. Lack of Available Specialisations for Women
Unemployment of Saudi Women
Driving
Childcare Centres
Early Marriage
Ignorance of Rights
FINAL WORDS
PART 6 COMMUNITY AND PUBLIC SPHERES
Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice Richard Burgess
INTRODUCTION
ISLAM IN THE BALKANS
THE ARRIVAL OF SALAFISM
INTRA-RELIGIOUS RELATIONS
WOMEN AND ISLAM IN BOSNIA-HERCEGOVINIAN SOCIETY
THE SECULAR STATE AND RELIGIOUS DIVERSITY
CONCLUSION
Khutbahs and fatwas in colonial Indonesia and Malaya
Muhamad Ali
INTRODUCTION
SERMONS, EDICTS AND THE RELIGIOUS SPACE
THE CONTEXTUAL DIMENSION
ATTITUDES TOWARD MUSLIM DIVERSITY AND LOCAL NORMS
ATTITUDES TOWARD OTHER RELIGIONS
CONCLUSION
Index
More legal literature on Laws.Studio

Books and textbooks on the discipline Muslim (Islamic) law:

  1. Opwis Felicitas. Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory. Brill,2025. — ix, 201 p. - 2025 ãîä
  2. Bano Samia (ed.). The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain. Routledge,2023. — 143 p. - 2023 ãîä
  3. Bata Hashim. Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology. Brill,2023. — 162 ð. - 2023 ãîä
  4. Cattelan Valentino. Religion and Contract Law in Islam: From Medieval Trade to Global Finance. Routledge,2023. — 230 p. - 2023 ãîä
  5. Rajani Kumail (ed.). Shiʿite Legal Theory: Sources and Commentaries. Edinburgh University Press,2023. — 352 p. - 2023 ãîä
  6. Ahmed Hilal, Mishra R.K.. Rethinking Muslim Personal Law: Issues, Debates and Reforms. Routledge India,2022. — 187 p. - 2022 ãîä
  7. Hallaq Wael B.. Law and Legal Theory in Classical and Medieval Islam. Routledge,2022. — 344 p. - 2022 ãîä
  8. Kondgen Olaf. A Bibliography of Islamic Criminal Law. Brill,2022. — 468 p. - 2022 ãîä
  9. Modarressi Hossein. Text and Interpretation: Imam Jaʿfar Al-Ṣādiq and His Legacy in Islamic Law. Harvard University Press,2022. — 375 p. - 2022 ãîä
  10. Abou El Fadl Khaled, Ahmad Ahmad Atif, Hassan Said Fares (Eds.). Routledge Handbook of Islamic Law. Routledge,2019. — 466 p. - 2019 ãîä
  11. Badawi Nesrine. Islamic Jurisprudence on the Regulation of Armed Conflict. Text and Context. Brill,2019. — viii, 273 p. - 2019 ãîä
  12. Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p. - 2019 ãîä
  13. Poya Abbas (ed.). Sharia and Justice. De Gruyter,2018. — 189 p. - 2018 ãîä
  14. Daniels Timothy P.. Living Sharia: Law and Practice in Malaysia. University of Washington Press,2017. — 280 p. - 2017 ãîä
  15. Afrianty Dina. Women and Sharia Law in Northern Indonesia: Local Women's NGOs and the Reform of Islamic Law in Aceh. Routledge,2015. — 202 p. - 2015 ãîä
  16. Bostom Andrew G.. Sharia Versus Freedom: The Legacy of Islamic Totalitarianism. Prometheus Books,2012. — 1110 p. - 2012 ãîä
  17. Welchman Lynn. Women's Rights and Islamic Family Law: Perspectives on Reform. Zed Books,2004. — 328 p. - 2004 ãîä
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