scholarly journals A Historiography of Islamic Law in the Mughal Empire

2016 ◽  
pp. 492-510
Author(s):  
M. Reza Pirbhai
Keyword(s):  
South Asia ◽  
Islamic Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
British Colonialism ◽  
Mughal Empire ◽  
Qualitative And Quantitative ◽  
Two Factors ◽  
State Archives ◽  
Late Works

Whereas political and cultural histories of the Mughal Sultanate (1526–1858) abound, the study of Islamic law under the state’s auspices is less clearly drawn. This article considers the reasons behind the dearth by outlining the process by which major archival collections came into being and critically evaluating the secondary works produced over the last century and half. It argues that two factors are primarily responsible: 1) the qualitative and quantitative paucity of extant documentation as a consequence of no Mughal state archives and the fact that contemporary collections originated with British colonialism; 2) the approach too often taken by historians of South Asia. Early secondary works make little to no distinction between treatises reflexive of legal theory and practice, while many late works compensate by considering theory entirely divorced from Mughal practice. For the study of Islamic law under the Mughals to progress, practical and theoretical obstacles must be overcome.

Money in Classical Islam: Legal Theory and Economic Practice

2018 ◽  
Vol 25 (4) ◽  
pp. 427-466
Author(s):  
Norbert Oberauer
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Theoretical Concept ◽  
Theory And Practice ◽  
Money Markets ◽  
Economic Practice ◽  
Wide Range ◽  
The Relationship

AbstractThe present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs. The market was much more complex. A wide range of coins of various metallic content, weight and value circulated. In the first part of the study I describe the complexity of Islamic money markets. In the second part, I investigate how scholars reacted to the gap between theory and practice and posit some tentative conclusions about the relationship between Islamic law and practice.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

The Rise of Merchants and Traders in Eighteenth-century Rajasthan, India: An Exploratory Study

2019 ◽  
Vol 67 (1-2) ◽  
pp. 99-116
Author(s):  
Meera Malhan ◽  
Shalini Saksena
Keyword(s):  
Eighteenth Century ◽  
Structural Changes ◽  
Primary Sources ◽  
New Governance ◽  
Commodity Trade ◽  
Capitalist Development ◽  
Ample Evidence ◽  
Mughal Empire ◽  
State Archives ◽  
Commercial Relationships

The collapse of the Mughal Empire in Rajasthan during the first half of the eighteenth century initiated important reconfigurations in its polity, society and economy. Emergence of regional political order and a new notion of commercialisation widened the sphere of engagements of merchants and traders. This article traces the structural changes that ensued, focusing specifically on (a) the emergence of the non-peasant sector in agriculture, (b) the rise of a cross-caste mercantile class and (c) change in commercial relationships under the new governance between the principalities, traders, artisans and the merchants. The research is based on insights from rich archival primary sources from the Rajasthan State Archives in Bikaner, focusing primarily on careful and extensive examination of the Bahis. With the objective of enriching the current understanding of how trade and commerce played a pivotal role in serving as engines of social change and economic growth, this study finds ample evidence of thriving trade, growing commercialisation and capitalist development, characterised by complex financial networks and an intricate system of credit in highly speculative commodity trade markets. Evident economic prosperity in most parts of Rajasthan helps add to the existing literature debunking the idea of eighteenth century being a ‘dark age’.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

Neuroethics

2017 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
Civil Liberty ◽  
Functional Brain Imaging ◽  
Theory And Practice ◽  
Criminal Cases ◽  
Normal Functioning ◽  
Scientific Status ◽  
Life Issues ◽  
End Of Life Issues ◽  
Do So

This chapter discusses whether the findings of the new neuroscience based largely on functional brain imaging raise new normative questions and entail normative conclusions for ethical and legal theory and practice. After reviewing the source of optimism about neuroscientific contributions and the current scientific status of neuroscience, it addresses a radical challenge neuroscience allegedly presents: whether neuroscience proves persons do not have agency. It then considers a series of discrete topics in neuroethics and neurolaw, including the “problem” of responsibility, enhancement of normal functioning, threats to civil liberty, competence, informed consent, end-of-life issues, neuroevidence in criminal cases, and the ethics of caution. It suggests that the ethical and legal resources to respond to the findings of neuroscience already exist and will do so for the foreseeable future.

scholarly journals AMENDMENTS TO THE CONSTITUTIONS OF THE REPUBLIC OF BULGARIA AND THE REPUBLIC OF KAZAKHSTAN: REGULATORY REQUIREMENTS AND ISSUES (COMPARATIVE ASPECTS)

2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Solid Core ◽  
Regulatory Requirements ◽  
National Assembly ◽  
The Republic ◽  
The Way

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.

scholarly journals Understanding the dimensions of managerial decency construct

2021 ◽  
Vol 26 (1) ◽  
pp. 37-62
Author(s):  
Belma Hadžiomerović ◽  
Emir Kurtić ◽  
Maja Arslanagić Kalajdžić
Keyword(s):  
Social Exchange ◽  
Social Exchange Theory ◽  
Employee Development ◽  
Theory And Practice ◽  
Measurement Scale ◽  
Mutual Trust ◽  
Comprehensive Overview ◽  
Qualitative And Quantitative ◽  
The Social ◽  
Insight Into

This study aims to improve the understanding of perceived managerial decency by developing an initial set of items for its measurement scale. Based on the social exchange theory and driven by the strong need for instilling more decency and civility in managerial discourse, this study makes a comprehensive overview of the scope and domain of perceived managerial decency and extracts the potential decency dimensions. After conducting a literature review, 50 collected interview responses on typical examples of managerial decency, as perceived by employees, served as a basis for further analysis. Using the content analysis tools, we generated a set of initial items and dimensions of decency. Those were further refined by 21 experts (5 from academia and 16 from the target audience) using the means of qualitative and quantitative assessment. as a result, we define the perceived managerial decency construct and outline its six potential dimensions: (1) respectful interactions, (2) treatment with good manners, (3) employee development, (4) mutual trust, (5) decent feedback, and (6) providing insight into a bigger picture, as well as generate a set of 75 valid items that reflect the decency construct. We further discuss the research implications for theory and practice.

scholarly journals The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
South Africa ◽  
Racial Bias ◽  
Legal Theory ◽  
Fundamental Principle ◽  
Human Mind ◽  
Racial Prejudice ◽  
Theory And Practice ◽  
Differential Treatment ◽  
Implicit Racial Bias ◽  
The Law

The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category.  Explicit racial prejudice, however, is only part of the problem.  Equally important - and likely more pervasive - is the phenomenon of implicit racial prejudice: the cognitive processes whereby, despite even our best intentions, the human mind automatically classifies information in racial categories and against disfavoured social groups. Empirical research shows convincingly that these biases against socially disfavoured groups are (i) pervasive; (ii) often diverge from consciously reported attitudes and beliefs; and (iii) influence consequential behaviour towards the subjects of these biases. The existence of implicit racial prejudices poses a challenge to legal theory and practice. From the standpoint of a legal system that seeks to forbid differential treatment based upon race or other protected traits, if people are in fact treated differently, and worse, because of their race or other protected trait, then the fundamental principle of anti-discrimination has been violated. It hardly matters that the source of the differential treatment is implicit rather than conscious bias. This article investigates the relevance of this research to the law by means of an empirical account of how implicit racial bias could affect the criminal trial trajectory in the areas of policing, prosecutorial discretion and judicial decision-making.  It is the author's hypothesis that this mostly American research also applies to South Africa. The empirical evidence of implicit biases in every country tested shows that people are systematically implicitly biased in favour of socially privileged groups. Even after 1994 South Africa – similar to the US – continues to be characterised by a pronounced social hierarchy in which Whites overwhelmingly have the highest social status. The author argues that the law should normatively take cognizance of this issue.  After all, the mere fact that we may not be aware of, much less consciously intend, race-contingent behaviour does not magically erase the harm. The article concludes by addressing the question of the appropriate response of the law and legal role players to the problem of implicit racial bias.

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.

Sign in / Sign up

Export Citation Format

Share Document