Islamic Law in Africa

1977 ◽  
Vol 21 (2) ◽  
pp. 137-138 ◽  
Author(s):  
Norman Anderson
Keyword(s):  
Islamic Law ◽  
Muslim World ◽  
Law Reform ◽  
Recent Book

During the last two or three decades there have been a number of significant developments in the application of Islamic law in Africa. Most of these are discussed in some detail in my recent book, Law Reform in the Muslim World, so I will confine myself here to the barest summary.

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

Islamic Law in Action: A Historical Discussion

2013 ◽  
Vol 38 (04) ◽  
pp. 1041-1057
Author(s):  
Boğaç A. Ergene
Keyword(s):  
Review Essay ◽  
Political Change ◽  
Islamic Law ◽  
Recent Book ◽  
Legal Practice ◽  
Everyday Experiences ◽  
Made In

This review essay engages Kristen Stilt's recent book, Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt (2011), in a fashion that highlights its contributions to the study of Islamic law. In particular, it underlines the methodological arguments made in the book that might help us think about Islamic legal practice in sophisticated and historically grounded ways. As elaborated in the article, these arguments have important implications for modern as well historical settings. Specifically, Stilt's discussion of “Islamic law in action” reveals the inherent flexibility of Islamic legal practice to accommodate political change. The article also discusses how further research on the topic could benefit from specific approaches and orientations.

scholarly journals EFEKTIVITAS PELAKSANAAN BEUT AL-QURAN BA’DA MAGHRIB DI KABUPATEN ACEH BESAR

2017 ◽  
Vol 17 (2) ◽  
pp. 179
Author(s):  
Azwir Azwir
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Local Environment ◽  
Muslim World ◽  
Purposive Sampling ◽  
Research Participants ◽  
School Aged Children ◽  
Young Learners ◽  
Program Strategy ◽  
The People

Learning the Quran is regarded as an essential activity in Muslim world in order to educate their young generations. However, in Aceh Besar district, many children and teenagers are not accustomed to reciting the Quran after the sunset prayer, but instead wandering around the street. Therefore, in 2012, the local government initiated a program of Beut al-Quran Ba’da Magrib in all villages in Aceh Besar district. This study attempted to figure out the effectiveness of the implementation of the program, strategy used, and impacts on the people in Aceh Besar. Held in Aceh Besar district, the study used cluster-based purposive sampling in Banda Safa, Lamcot, and Meunasah Karieng Lamlhom villages. The research participants were the Head of Islamic Law Office of Aceh Besar, teungku (Islamic teachers) of the program, santri (students) of the program, and community figures. In addition, the researcher had also collected some important documents reagrading this program. The data were collected by interview, observation, and documentation. The data were also triangulated. The findings indicated that the implementation of Beut al-Quran Ba’da Magrib program was not effective as expected. The strategy used was requiring school aged children to take part in the program. The impacts, however, were very good as the program has induced positive spirit of the young learners, as well as of the community and local environment. The positive impacts have encouraged other villages to implement similar programs. Nevertheless, there were still some obstacles that need to attention during the implementation of the program.

ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

Overview of Islamic Law

2009 ◽  
Vol 9 (4) ◽  
pp. 707-731 ◽  
Author(s):  
Abdullah Saad Alarefi
Keyword(s):  
Islamic Law ◽  
Muslim World ◽  
Full Understanding ◽  
Public And Private ◽  
Legal Concepts ◽  
Insight Into

AbstractIslamic law is known as the Shari'ah, which means the path to follow God's law. The Shari'ah controls, rules and regulates all public and private behaviour. Shari'ah law does not exclude any knowledge from other sources and is viewed by the Muslim world as a vehicle to solve all problems – civil, criminal and international. The article offers a brief insight into Islamic law and provides a full understanding of the nature of Islamic law and its jurisprudential and legal concepts.

scholarly journals Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence

2020 ◽  
Vol 14 (1) ◽  
pp. 99-112
Author(s):  
Ahmad Zayyadi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Muslim World ◽  
Law And Society ◽  
Sociology Of Law ◽  
Modernization Theory ◽  
Sociological Approach ◽  
Sociological Jurisprudence ◽  
History Of ◽  
Legal Position

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            

scholarly journals Decolonial Translation: Destabilizing Coloniality in Secular Translations of Islamic Law

2021 ◽  
pp. 1-28
Author(s):  
Lena Salaymeh (لينا سلايمة)
Keyword(s):  
Islamic Law ◽  
Muslim World ◽  
Legal Studies ◽  
Islamic Tradition ◽  
Arabic Word ◽  
Religious Law ◽  
Secular Terms

Abstract Contemporary Islamic legal studies – both inside and outside the Muslim world – commonly relies upon a secular distortion of law. In this article, I use translation as a metonym for secular transformations and, accordingly, I will demonstrate how secular ideology translates the Islamic tradition. A secular translation converts the Islamic tradition into “religion” (the non-secular) and Islamic law into “sharia” – a term intended to represent the English mispronunciation of the Arabic word شريعة (sharīʿah). I explore the differences between historical Islamic terms and secular terms in order to demonstrate that coloniality generates religion and religious law; in turn, these two notions convert شريعة (sharīʿah) into “sharia” in both Arabic and non-Arabic languages. Consequently, the notion of “sharia” is part of a colonial system of meaning.

scholarly journals Pembaruan Hukum Islam: Menimbang Tawaran Pemikiran ‘Abd Al-Lâh Ahmad Al-Na’îm

ULUMUNA ◽  
2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Mutawalli Mutawalli
Keyword(s):  
Islamic Law ◽  
Law Reform ◽  
Islamic Theology ◽  
Scientific Paradigm ◽  
Western Law

One of the Islamic doctrines that becomes methodological base for Muslims in the implementation of Islam is ijtihad. This concept, however, is considered valid when it is applied in zhanni areas, not qath¢i ones and Islamic theology. In Islamic terminology, terms syari’ah and fiqh are interesting to be discussed and reformed. Transformative-contextual Islamic thinking reconstruction is greatly needed so that syari’ah exists and is able to become modern constitution. One of the Islamic thinkers who tries to actualize ijtihad as a scientific paradigm in Islamic law reform is Abdullah al-Na’im. He tries to reform Islamic law in facing Western law development, especially in public Islamic law. This writing is constructed to see Al-Naim’s intellectual setting and how he sets ijtihad as scientific paradigm in Islamic law. Hopefully, this writing will give perspectives in facing modern problems.

scholarly journals Model Studi Hukum Keluarga Islam: Mencari Pijakan, Merespon Tantangan Zaman

2020 ◽  
Vol 7 (2) ◽  
pp. 171-200
Author(s):  
JM Muslimin
Keyword(s):  
Islamic Law ◽  
Muslim World ◽  
Muslim People ◽  
Contextual Study

This article offers a contextual study model on the Islamic law in Indonesia where Muslim people expect their religion to be able to adapt to the complex current developments, such as administrative affairs and state legislations, in the country. This issue also takes place globally, particularly in the Muslim world. Here, this paper delves this problem by exploring some factors that lead people to partake that expectation. 

Sign in / Sign up

Export Citation Format

Share Document