Culture and law: The cultural impact on islamic legal statements and its implications for translation

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Rafat Y. Alwazna
Keyword(s):  
Islamic Law ◽  
Legal Culture ◽  
Legal Systems ◽  
Cultural Impact ◽  
Substantial Role ◽  
Legal Translation ◽  
Islamic Jurisprudence ◽  
Considerable Impact ◽  
Legal Meaning

AbstractCertain linguistic and cultural problems often emerge in legal translation due to a particular clash between two different legal systems and legal cultures. Islamic legal culture, as any other legal culture, is replete with terms and statements, which are deemed an important part of legal Arabic and therefore Islamic jurisprudence. In other words, such Islamic cultural legal terms and statements can never be legally interpreted unless the translator is fully acquainted with Islamic Law and Islamic legal culture. The present paper argues that Islamic legal culture has considerable impact on Islamic statements such that these statements may acquire a legal meaning which may not be comprehended by the target reader, particularly if he/she is not acquainted with Islamic Law and its legal culture. Consequently, the translator should play a substantial role in clarifying the cultural impact on these statements to the target reader so that he/she may comprehend the intended legal meaning.

Living Islamic Law: Women and Legal Culture in Marinid Morocco

2018 ◽  
Vol 25 (3) ◽  
pp. 212-234 ◽  
Author(s):  
Rosemary Admiral
Keyword(s):  
Fifteenth Century ◽  
Islamic Law ◽  
Family Members ◽  
Legal Culture ◽  
Community Level ◽  
Legal Knowledge ◽  
Legal Systems ◽  
Legal Process ◽  
Daily Lives

Historical studies of Islamic legal systems have focused primarily on courts and prominent muftīs. My research shifts the focus to the community level, with particular attention to women and their relationships with male family members, drawing on cases from Fez and its environs under the Marinid dynasty from the mid-seventh/thirteenth to the mid-ninth/fifteenth century. I argue that people actively engaged with Islamic law in their daily lives and relationships, and that women had access to informal legal spaces that allowed them to influence the legal process, making interpretive decisions on issues where the Mālikī school accepted multiple opinions. Through an analysis of fatwās issued by Marinid jurists, I explore how communities and legal officials resolved contentious disputes, and how women used legal knowledge to participate in the legal process.


The Relevance of Islamic Law to Non-Muslims in Muslim Juridical Sources

2021 ◽  
Vol 60 (1) ◽  
pp. 9-30
Author(s):  
Amr Osman
Keyword(s):  
Everyday Life ◽  
Islamic Law ◽  
Real Life ◽  
Legal Issues ◽  
Legal Systems ◽  
Islamic Jurisprudence ◽  
Theoretical Issues

A standard question in early and medieval works of uṣūl al-fiqh (the theory and principles of Islamic jurisprudence) was whether non-Muslims were addressed by the specific rules of Islamic law and meant to abide by them. Despite some evidence that it was rooted in legal issues that early Muslim societies faced, a later trend in uṣūl al-fiqh turned it into a rather pedantic subject irrelevant to real life in these societies, as some notable Muslim jurists believed it to be. By examining how the question was discussed prior to the rise of the Ottoman and modern legal systems, this article argues that it likely originated in early discussions of real cases from everyday life in Muslim societies, an origin that was later obscured by abstract legal and theological discussions that nearly severed it from that early context and turned it into an offshoot of broader, mostly theoretical issues. This study examines that likely origin of the question, which contributes to our understanding of not only the question itself, but also the extent to which issues of uṣūl al-fiqh were related to actual considerations, even when they seemed only part of theoretical debates.

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.

International Law, Islamic Law, and Islamic Law States

2019 ◽  
pp. 25-85
Author(s):  
Emilia Justyna Powell
Keyword(s):  
Conflict Management ◽  
International Law ◽  
International Conflict ◽  
Islamic Law ◽  
Legal Systems ◽  
Clear Cut ◽  
Religious Law ◽  
Islamic Jurisprudence ◽  
The Relationship ◽  
Internal Variation

This chapter explains concepts fundamental to this book: international law, Islamic law, Islamic international law, sharia, and the category of Islamic law states (ILS). The ILS category offers an efficient and clear-cut conceptual vehicle for mapping out the balance between religious law and secular law, and how this balance translates into ILS’ preferences with respect to international conflict management venues. The chapter explains how the ILS category differs from other seemingly parallel concepts or definitions present in the scholarship, such as “Islamic states,” or “Muslim states.” It discusses the characteristics and internal variation within the ILS category across different countries and different schools of Islamic jurisprudence. This chapter also presents an analysis of ILS’ domestic legal systems, elaborating on Islamic constitutionalism, and the relationship between religious norms and secular norms in constitutions and sub-constitutional legal systems. Some features analyzed include holy oath, supremacy clause, and sharia education.

scholarly journals صعوبات الترجمة المصطلحات القانونية "من العربية إلى الأنجليزية إنموذجاً"

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 01-14
Author(s):  
Lubna Farah
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Functional Equivalence ◽  
Legal Systems ◽  
Legal Language ◽  
Legal Text ◽  
Legal Translation ◽  
Functional Equivalent ◽  
Research Questions ◽  
Translation Errors

The research paper addresses the challenges involved in the translation of English to Arabic legal terminology. Since legal systems differ in terms of procedures and norms, languages belonging to these systems also vary in their choice of words and concepts which pose serious problems for the translators. Islamic and English laws are distinctive in their terminologies. The translators often face serious challenges in rendering texts from Islamic to English legal systems. The legal translation is considered the most difficult type of translation primarily for its specialized terms of Islamic Sharia. This paper will argue on the functional equivalence of English and Islamic law terminologies. The research has used a descriptive and analytical approach to find the problems of legal translation by the following research questions: 1. What kind of difficulties do the legal translators face during translation? 2. Are the legal translation errors considered fatal? The findings of the study reveal that lack of experience in target cultures, lack of knowledge of both languages' structures, and lack of reference for the specialized terms cause challenges for the translators. The findings also suggest that training in the field of translation is mandatory to overcome the above-mentioned challenges, the legal text translators should seek to find a functional equivalent in the target legal language.

scholarly journals The crime of graft and its penalty in Jordanian law: Etymological study compared to the Tunisian law : جريمة الكسب غير المشروع وعقوبتها في القانون الأردني: دراسة تأصيلية مقارنة بالقانون التونسي

2021 ◽  
Vol 5 (17) ◽  
pp. 78-59
Author(s):  
Hala Taleb Abuamer Hala Taleb Abuamer
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Legal Systems ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
International Conventions

This study aims to clarify the concept of the crime of graft in Islamic jurisprudence, Jordanian law and Tunisian law. The study followed the descriptive comparative analytical approach. It also deals with the Qur’an verses and hadiths that prohibited illegal earning and the legal texts criminalizing it. This study clarifies the general elements of this crime, including the presumed element, also the material and the moral elements. The study clarifies the penalties for this crime in both Jordanian and Tunisian law. The study was concluded with a conclusion containing a number of results. The most important of which is that Islamic  law preceded the legal systems and international conventions in the prohibition and criminalization of illicit gain, as well as the criminalization of illicit gain and the arrangement of penalties for it in both Jordanian law and Tunisian law, although the Tunisian law related to illicit gain (enrichment) is more comprehensive and detailed than the Jordanian law in question. In the study, it also recommended a number of recommendations, the most important of which is the need to tighten the penalty in Jordanian law on legal persons when those responsible for it or one of them commits the crime of graft, as well as the need to stipulate the penalty for criminal participation in this law.

The Transposition of the European Directive 85/374/EEC on Product Liability into Palestine and Jordan: Is it Adaptable to Islamic Law?

2012 ◽  
Vol 1 (2) ◽  
pp. 194-224
Author(s):  
Mahmoud Fayyad
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Product Liability ◽  
Main Question ◽  
Legal Systems ◽  
European Directive ◽  
Consumer Rights ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Civil Codes

The aim of this paper is to recommend the transposition of the European Directive 1985/374/EEC on product liability into the Palestinian and Jordanian legal systems. The application of this Directive concurs with many general objectives and consumer rights declared in both of the latter regimes; neither of these two legal systems provide for how those objectives and rights would be accomplished, so there are executive tools putting into practice the declared objectives. This is to say that neither jurisdiction makes any sense with regard to the subject of product liability. The transposition of the European measures into both regimes must take into consideration the general principles of civil law applicable in local legal systems in order to avoid legislative disharmony between imported and local rules. Islamic law represents the basis of civil codes applicable in both regimes; the Othman Justice Rules Record (El-Majalla), which dates back to 1876 and was the first attempt to codify Islamic rules of treatment is still applicable. To recommend the implementation of the European measures in the Palestinian and Jordanian legal systems, it is important to identify the supporting and contradicting points in Islamic jurisprudence. The main question of this paper is, how and to what extent is European Directive 1958/374/EEC applicable in Palestine and Jordan.

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.

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.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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