The Use and Function of Maslaha in Islamic Jurisprudence
Author: Abdul Aziz bin Sattam
The idea of maslaha has a rich history in classical legal thought and literature. Conventionally translated into English as 'general benefit' or 'general interest', it has been the subject, over many centuries, of intense argument in Muslim legal manuals about how the concept should be constructed and how it might be interpreted. Some celebrated scholars have even elevated its status to an independent legal source; while other prominent jurists have spoken of the special strictures which need to be applied to maslaha when considering it within the overall framework of Islamic law. In this thorough and original treatment of the concept, Abdul Aziz bin Sattam offers the first sustained examination of one of the most important tenets of Sharia. Seeking to illuminate not only the intricacies of its application, but also the wider history which has shaped it, the author examines its foundations, theoretical underpinnings and the key debates in both classical and contemporary texts. His book will be a vital resource for all those with an interest in Islamic law, whether of the medieval or modern periods.
Practical Wisdom and Corporate Social Responsibility
Author: André Habisch
Category: Business & Economics
This book provides a multidisciplinary approach to Corporate Social Responsibility. While for decades a purely mathematical-technical orientation dominated the business curriculum, this book presents CSR and sustainability as a business concept embedded in its cultural and spiritual context. It initially approaches practical wisdom from different cultural and religious traditions as a source of spiritual capital for sustainable business practices. Subsequently, it links current CSR concepts and the latest thinking in CSR with long-standing cultural and spiritual knowledge, promoting a more comprehensive view on sustainability management and its implementation at business enterprises. The book collects and unites viewpoints from various cultural and religious contexts, offering a comprehensive guide for international and globally active companies.
By reading this book, the readers should be able: •To understand the basic concepts of Shariah; •To understand the importance of Shariah; and •To analyse and examine the Shariah issues nowadays. Hopefully, the readers will gain benefits from this book and able to understand the Shariah principles clearly.
Understanding Islamic law is crucial not only for Muslims, but for non-Muslims who work with Muslims in legal contexts as well as for anyone wanting to understand the role of Islam in the world today. For unlike western legal systems where religious and legal spheres are kept separate, Islamic law is all-encompassing, directing all human actions. Legal scholar Hisham Ramadan brings together articles to give an excellent overview of the formation of Islamic law and its role in contemporary Islamic and Non-Islamic states. Following an overview of Islamic Law, chapters cover Islamic criminal law, International Humanitarian Law, contract law, & family law. A concluding essay offers an explanation of the legal value of Islam and appendices include original Islamic legal documents from Muhammad's time until today.
In Frequently Asked Questions in Islamic Finance, industry expert Brian Kettell answers some of the most frequently asked questions from his many years experience in working and teaching in Islamic finance and banking. From knowledge of the Qu'ran and Sharia'a Law, to new and old Islamic financial concepts, Islamic terms, and Islamic financial instruments and services, this book covers all the key areas that practitioners need to Islamic finance. The book addresses individual questions such as “what is Takaful?”, and provide answers with a clear overview of the product or service, and an example, or illustration where appropriate, of how they work in practice. The book also features a question and answer section for readers to test and build their knowledge of the area. Light, entertaining and varied in its approach, Frequently Asked Questions in Islamic Finance will prove popular for experienced practioners and novices alike.
Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!
In a multi-disciplinary approach, this text discusses the historical, social and legal contexts of Shari'a law reform in South Asia. It examines the law's methodology and juristic bases, the debate between traditionalists and the modernists, and the resultant political and social tensions.
This anthology explores the dynamics of shared religious sites in Turkey, the Balkans, Palestine/Israel, Cyprus, and Algeria, indicating where local and national stakeholders maneuver between competition and cooperation, coexistence and conflict. Contributors probe the notion of coexistence and the logic that underlies centuries of "sharing," exploring when and why sharing gets interrupted—or not—by conflict, and the policy consequences. These essays map the choreographies of shared sacred spaces within the framework of state-society relations, juxtaposing a site's political and religious features and exploring whether sharing or contestation is primarily religious or politically motivated. Although religion and politics are intertwined phenomena, the contributors to this volume understand the category of "religion" and the "political" as devices meant to distinguish between the theological and confessional aspects of religion and the political goals of groups. Their comparative approach better represents the transition in some cases of sites into places of hatred and violence, while in other instances they remain noncontroversial. The essays clearly delineate the religious and political factors that contribute to the context and causality of conflict at these sites and draw on history and anthropology to shed light on the often rapid switch from relative tolerance to distress to peace and calm.
Publisher: Fourth Dimention Publishing Company Limited
This work was written 1989 and published for the first time in 2002. The author's intention is to inform even-handedly, national and international debates about the misunderstandings surrounding the Sharia and common legal systems in Nigeria. Balewa broadly discusses Western and Islamic philosophical backgrounds of law, relationships between law, politics and religion in society, and concepts of secularism and secularity. He traces the history and schools of Sharia law, and the sources of common law in Nigeria, and its comparative religious and colonial foundations. He further appraises two views of the controversy: namely, whether Sharia law, as a fully-fledged legal system, should be reflected in the Nigerian constitution - or not, given its contentious religious content; and he states the case against Sharia. His conclusion is that in view of the status quo, and the multi-ethnic, mulit-religious nature of Nigerian society, there is a need for understanding of the truths of both systems; and to find appropriate means of ensuring their equality and peaceful co-existence.
This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates.