Piracy in Ottoman Islamic Jurisprudence

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Legal Opinions

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.

scholarly journals The Importance of 'llm al Khilaf to North America

1991 ◽  
Vol 8 (3) ◽  
pp. 579-581
Author(s):  
Yusuf Ziya Kavakci
Keyword(s):  
North America ◽  
Islamic Law ◽  
Related Literature ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Differences Of Opinion ◽  
Legal Opinions ◽  
Methodological Principles ◽  
State Of Affairs

'llm al khilaf is a science which deals with the Islamically sound argumentsused by Muslim jurists (fuqaha') to reach their various legal opinions. Assuch, it can also be known as comparative Islamic law. Historically, the variousmadhahib of Islam shared and benefitted from this science, and there is noreason why we also cannot benefit from it.We know that there were differences of opinion and practice even duringthe time of the Prophet Muhammad, for his Companions did not vieweverything the same way. This state of affairs naturally continued after theProphet’s death. The suhuf ascribed to some of the Companions and theinfixmation given in the relevant biographical literature were studied for details.The fiqh-related issues debated by the Companions increased in number andcomplexity during the time of the Successors (Tabi’un), when the developmentof Islamic jurisprudence was just getting started.The judicial and juristic opinions expressed in Majmu ‘al Fiqh by Zaydibn ‘Ali (d. l22/740), in al Muwatta’ by Imam Malik (d. 179/795), byMuhammad ibn al Hasan al Shaybani (d. 189/805) which he ascribed.to hismaster Abu Hanifah, and by Abu Yusuf Ya‘qub (d. 182/769), especially inhis Kitiib al Kharaj, a1 Radd ala Siyar al Awza'i, and Ikhtilaf Abi Hanifahwa Ibn Abi Layla may be cited here as the first scholarly sources of ‘ilmal khilaf. The related literature on differences between thefuqahii’ is fullof points which may be studied for further information.With the spread of Islam and the incorporation of many non-Muslimsubjects into its domains, new legal questions were raised. The resultingdecisions led to the profound and scholarly development of Ilm al khilafand the establishment of the methodological principles of Islamic law in severalbranches. However, it was not until the beginning of the fifth hijri centurythat comparative Islamic law was scientifically established as an independentbranch of Islamic law by Abu Zayd ‘Abd Allah ibn ‘Umar ibn ‘Isa ...

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

scholarly journals Judicial Khula; theory and practice

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
Islamic Law ◽  
Theory And Practice ◽  
The Public ◽  
Fair Process ◽  
Family Courts ◽  
Judicial Practice ◽  
Islamic Jurisprudence ◽  
Emerging Issues

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.

Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Islamic Law ◽  
Legal Practice ◽  
Legal Writing ◽  
Islamic Jurisprudence ◽  
Legal Opinions

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

scholarly journals Strategy: Can a Research Methodology Be Proposed from Islamic Sources of Knowledge?

2019 ◽  
Vol 12 (7) ◽  
pp. 83
Author(s):  
Waseem Gul
Keyword(s):  
Research Methodology ◽  
Cultural Context ◽  
Islamic Law ◽  
Theory And Practice ◽  
Human Reason ◽  
Body Of Knowledge ◽  
Sources Of Knowledge ◽  
Research Cycle ◽  
Islamic Jurisprudence ◽  
The Subject

The study has attempted to propose a research methodology for the subject of strategy from an Islamic perspective. It employed qualitative research methodologies to explore and analyze the content taken from the texts of the Quran and the Hadith; the Islamic Law contained in these texts; interpretation of this law via Islamic Jurisprudence. It has argued to extend this law into multiple layers of the research methodology ensuring whole research cycle takes place within the Tawhidic Paradigm propounded in the texts of the Quran and the Hadith. In doing so, it adopted the model of the research methodology as developed in the Jeudo-Christian or the Western cultural context and tried to replace the research philosophy(es) and reasoning approaches with the Islamic Law and Islamic Logic, enabling the whole methodology to operate within the framework of revelation and human reason at each and every layer and every aspect. This study is a part of the efforts which are being made to explore alternate perspectives in order to overcome the prevailing issues emerging in the classical management theory and practice, including those related to strategy. While works of scholars from cultural contexts different from the western cultures are surfacing in this area, it seems to be useful to also explore the Islamic sources of knowledge for the very purpose. It is to highlight a crucial point that this study should not be considered a way of negating or rejecting the existing body of knowledge, but it is an attempt to bring something which may complement it or provide a new way of looking into the subject of strategy.

scholarly journals Analytical Review of Noel James Coulson Book’s A History of Islamic Law

2020 ◽  
Vol 3 (01) ◽  
pp. 168-189
Author(s):  
Dr. Muhammad Ilyas ◽  
Dr. Zainab Ameen
Keyword(s):  
Critical Review ◽  
Islamic Law ◽  
Legal Reform ◽  
Theory And Practice ◽  
Law System ◽  
Muslim Society ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Analytical Review ◽  
History Of

The Western Orientalism movement had resulted in the creation of a large academic asset of Islamic literature. The Orientalists had struggled in two ways; by introducing and editing old Islamic manuscripts, and by commenting on the various aspects of the Prophet’s (PBUH) life and his traditions. Moreover, some Orientalists had worked on the Islamic jurisprudence, too. As   Coulson, have been discussed analytical studies of Islamic jurisprudence,  in this regard his book, “ The History of Islamic Law”, is a sorely needed book; it will substantiate a highly impactful, direly beneficial and effective book; and above all, it is a remarkably well-constructed book. Mr. Coulson’s compact volume is a clear, comprehensive, and authoritative treatment of the genesis and history of Islamic law in theory and practice, and of the central problem of legal reform now confronting Muslim society. Islamic law, the Sharia of medieval Islam, is for Muslims and the comprehensive catalogue of God’s commands and recommendations laid down for the guidance of man… In recent times, with the wholesome adoption by Muslim countries of western legal ideas and institutions, the Sharia has seemingly been all but forsaken and abandoned… Unless the idea of a law system based on religion is to be abandoned entirely… [Coulson] points out, the task for modern Muslims, like that of their medieval predecessors, is once more to ascertain and impose the central ethical criterion norms of Islam upon the functioning’s of their society. N. J. Coulson was a chair of oriental laws at the School of Oriental and African Studies, University of London. In this article the analytical and critical review is discussed.

Understanding Islamic Law in Theory and Practice

2009 ◽  
Vol 9 (3) ◽  
pp. 186-190 ◽  
Author(s):  
Mashood Baderin
Keyword(s):  
Islamic Law ◽  
Theory And Practice ◽  
African Studies ◽  
Islamic Jurisprudence ◽  
Basic Concepts

AbstractProfessor Mashood Baderin of the School of Oriental and African Studies explains the basic concepts of Islamic law. He discusses its sources, including the distinction between Sharīcah and Fiqh and its methods and principles. He concludes with a discussion of the various Schools of Islamic jurisprudence.

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