MURDER IN KHAYBAR: SOME THOUGHTS ON THE ORIGINS OF THE QASĀMA PROCEDURE IN ISLAMIC LAW

2002 ◽  
Vol 9 (2) ◽  
pp. 132-167 ◽  
Author(s):  
Rudolph Peters
Keyword(s):  
Nineteenth Century ◽  
First Generation ◽  
Islamic Law ◽  
Practical Application ◽  
Legal Principles ◽  
The Past ◽  
Islamic Jurisprudence ◽  
Penal Law

AbstractThe institution of qasāma has intrigued both Muslim jurists and western scholars. The first were puzzled by its violation of essential legal principles, the latter by its apparent pre-Islamic origins. Because of its archaic and irrational character, western scholars assume that the institution was not applied in practice: "[I]t does not appear that this institution functioned much, even in the past, when the penal law of Islam had a certain practical application." However, the evidence of fatwa collections shows that the qasāma was indeed enforced by courts as late as the nineteenth century, and the rules connected with it have now found their way into some modern Islamic criminal codes. The qasāma, it appears, was a living institution in Islamic law and not just theory. In this essay I will try to shed some light on the origins of this institution and its reception into Islamic law. I will attempt to chart the earliest developments of Islamic jurisprudence by analyzing the available hadith material and the statements of the first generation of jurists. In the conclusion I will suggest that my analysis of the material on qasāma corroborates Motzki's and Powers' revision of the chronology of the development of Islamic jurisprudence first put forward by Joseph Schacht in The Origins of Muhammadan Jurisprudence (1950).

Liberalism at Large: Mazzini and Nineteenth-century Indian Thought

2008 ◽  
Author(s):  
C. A. Bayly
Keyword(s):  
Nineteenth Century ◽  
Political Economy ◽  
Industrial Development ◽  
First Generation ◽  
Political Leader ◽  
Colonial Rule ◽  
Religious Difference ◽  
The Past ◽  
Indian Thought ◽  
Popular Festivals

This chapter considers the appropriation and deployment of the writings and image of Giuseppe Mazzini by the first generation of Indian liberal nationalists, notably the Bengali political leader Surendranath Banerjea. Mazzini's emphasis on the sympathetic union of the Italian people, manifested in popular festivals, proved attractive to Indian leaders struggling with issues of cultural and religious difference. His modernist appeal to the ‘religion of mankind’ resonated with writers and publicists committed to lauding the great Indian civilization of the past, yet arguing, publicly at least, for a break with ritual and caste hierarchy. Mazzini's emphasis on education, particularly women's education, and his suspicion of monarchy also spoke to Indian social and political reformers of this era. The chapter concludes by contrasting the affective, democratic nationalism espoused by Mazzini and Banerjea with ‘statistical liberalism’. The latter comprised the emerging critique of colonial rule, by writers such as Dadabhai Naoroji who reformulated contemporary political economy, to argue for protectionism and industrial development in India.

Tianfang Sanzijing: Exchanges and Changes in China’s Reception of Islamic Law

2016 ◽  
Author(s):  
Roberta Tontini
Keyword(s):  
Islamic Law ◽  
Legal Discourse ◽  
Legal Culture ◽  
Chinese Context ◽  
Legal Principles ◽  
Islamic Jurisprudence ◽  
Sunni Islam

This chapter examines the implications of the legal discourse set forth by a Chinese primer for Muslims, the Tianfang Sanzijing (Three Character Classic of Islam), regarding notions of Islamic “legitimacy” and “orthodoxy.” Credited to the author of the Tianfang Dianli, Liu Zhi (1662-ca. 1736), and animated by that book’s purpose of reconciling Islamic law with the legal culture of the Qing, Liu’s concise primer on the main tenets of Islam spoke to a broader audience than its textual antecedent. This chapter argues that the Muslim Sanzijing set the ground for an independent development of Islamic law in the Chinese context, one that had the power to detach China from conventional Islamic jurisprudence outside its frontiers while remaining consistent with the overarching legal principles of Sunni Islam.

Die Methodik der islamischen Jurisprudenz - Usul al-Fiqh

2019 ◽  
Author(s):  
Nora Zeineddine
Keyword(s):  
Islamic Law ◽  
Arabic Literature ◽  
Conceptual System ◽  
Philosophical Foundations ◽  
The Past ◽  
Islamic Jurisprudence ◽  
Legal Methodology

The work is the legal introduction to the methodology of Islamic jurisprudence in German. It introduces the reader to the concepts, systematics and principles of Islamic law and outlines the foundations of Islamic jurisprudence from the genuine internal perspective of Muslim scholarship. The source of the work is the recognised Arabic literature on Islamic legal methodology of the past centuries. All relevant topics of Islamic legal methodology are outlined and a coherent German conceptual system for the Usul al-Fiqh is designed. The spectrum of opinion of Muslim scholarship on individual questions is fanned out and legal-theoretical and -philosophical foundations and intersections of the methodology of Islamic jurisprudence are made clear.

scholarly journals The Influence of Classical Interpretation on the Law of Guarantees in the United Arab Emirates

2008 ◽  
Vol 22 (4) ◽  
pp. 335-358 ◽  
Author(s):  
Suhaimi Ab Rahman
Keyword(s):  
United Arab Emirates ◽  
Islamic Law ◽  
Muslim World ◽  
Legal Principles ◽  
The Past ◽  
Profound Influence ◽  
The World ◽  
The Law

During the past four decades, the world has awakened with the reassertion of Islamic law in the Muslim world. At this point, the reassertion also means the embedment of classical interpretations in modern law as they are regarded as part of Islamic law. The question that arises is how far these classical interpretations bind modern legislators and to what extent, if any, classical interpretations influence the development of modern legal principles. This article seeks to clarify these issues through the examination of the law of guarantees in the United Arab Emirates. Both classical and modern legal sources of the United Arab Emirates have been examined for the above purpose. The study demonstrates that classical interpretation has a profound influence in the development of the law of guarantees in the United Arab Emirates.

Law and Nationalism in Nineteenth-Century Europe: The Case of Catalonia in Comparative Perspective

2002 ◽  
Vol 20 (2) ◽  
pp. 307-347 ◽  
Author(s):  
Stephen Jacobson
Keyword(s):  
Nineteenth Century ◽  
Daily Lives ◽  
Political Issues ◽  
The Past ◽  
Depth Analysis ◽  
Penal Law ◽  
Major Break ◽  
History Of ◽  
The Many ◽  
The Relationship

By the close of the nineteenth century, most continental Europeans tacitly accepted, if they thought about it at all, the notion that a civil code governed multiple personal and familial relationships in their daily lives. Like so many legislative structures, intellectual suppositions, and cultural artifacts, what was once regarded as a novel or even a major break with the past came to be understood as one of the many requisites of modernity. Contemporary historians have adopted a similarly indifferent posture, their curiosity only piqued when encountering specific provisions entangled with other political issues. In a strikingly dissimilar approach to that adopted toward penal law, they have been disinclined to explore the relationship between civil legal endeavor and political culture or the history of ideas. Only with respect to Germany have scholars considered these topics worthy of in-depth analysis; in so doing, they have demonstrated that understanding juridical culture is fundamental to appreciating the textures and peculiarities of the liberal nation state.

scholarly journals Maqasid and the Challenges of Modernity

2011 ◽  
Vol 49 (1) ◽  
pp. 1-31
Author(s):  
Wael B. Hallaq
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Central Feature ◽  
Central Question ◽  
Theoretical Underpinning ◽  
The Past ◽  
Early Portion ◽  
To Come

A central feature of public Muslim discourse over the past three decades has been the call to restore the Shari‘a in one form or another. Some reformers have proposed a new theoretical underpinning for this restoration, arguing for the adoption of foundational concepts that bear little, if any, resemblance to  their pre-modern counterparts. A central question that ineluctably emerges in this aporia is: What narrative must be adopted as the representation of the historical Shari‘a, the Shari‘a that prevailed until the early portion of the nineteenth century? If the colonial narrative is ipso facto programmatic and teleological, and if it served and still serves the purposes of all but those of the subaltern majority, then what other narrative must be adopted in the project of creating the new symbiosis? And if the jural voices of the subaltern are to come in for serious consideration, then how are we to represent them, if we can at all? And if we cannot, then into what espistemic predicament, if not a perennial aporia, does this throw both the privileged scholar and the reformer/intellectual? This article does not provide answers to these questions but rather addresses the problematics that these and related questions raise in dealing with the challenge of introducing into the modern Muslim condition one form of Islamic law or another.

‘Decadent Imports’, ‘Vile Abominations’

2014 ◽  
Author(s):  
Lindsay Ehrisman
Keyword(s):  
Nineteenth Century ◽  
Sexual Activity ◽  
First Generation ◽  
Late Nineteenth Century ◽  
Historical Process ◽  
The Past ◽  
Late Nineteenth

This chapter explores the origins of contemporary homophobic discourse in Uganda. It argues that hegemonic claims of an exclusively heterosexual tradition in Uganda have been intimately connected to misguided versions of the past, particularly surrounding the infamous 1886 executions of Baganda royal pages ordered by kabaka (king) Mwanga. This chapter examines the ways in which British missionaries, beginning in the late nineteenth century, codified or silenced male-male sexual activity in the missionary record, and how those silences were subsequently reproduced by the first generation of Ganda Christian elite in their early written histories. By excavating the discursive links between the 1886 executions and homophobic rhetoric in Uganda today, this chapter seeks to deconstruct a particular set of historical assumptions about ‘traditional’ Ganda sexuality, and contextualise those assumptions within a specific transnational, historical process, which gave the assumptions power.

scholarly journals Urgent Development on Contemporary Medical Fiqh in Malaysia

2015 ◽  
Vol 2 (2) ◽  
pp. 81-88
Author(s):  
Noor Naemah Abdul Rahman ◽  
Mohd Anuar Ramli ◽  
Shaikh Mohd Saifudden Shaikh Mohd Salleh ◽  
Mohammad Naqib Hamdan
Keyword(s):  
Islamic Law ◽  
Technology Development ◽  
The Other ◽  
Legal Decision ◽  
The Past ◽  
Expert Opinions ◽  
Islamic Jurisprudence ◽  
Important Study ◽  
Research Findings ◽  
Contemporary Medicine

The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.

Islamic Law: A Very Short Introduction

2021 ◽  
Author(s):  
Mashood A. Baderin
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Western World ◽  
Short Introduction ◽  
Inheritance Law ◽  
System P ◽  
Islamic Jurisprudence ◽  
Penal Law ◽  
History Of ◽  
Muslim Communities

Islamic Law: A Very Short Introduction examines the evolution, nature, and theory of Islamic law, incorporating both classical and modern scholarly perspectives. Islamic law is one of the world’s major legal systems, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and has a strong influence on Muslim communities throughout the Western world. This VSI traces the history of Islamic jurisprudence. It covers its scope—including family law, inheritance law, financial law, penal law, and international law—and its practice, providing an overview of this key legal system.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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