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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Issues in Islamic Law

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ISBN13: 9780754628767
Published: May 2014
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £250.00

Despatched in 6 to 8 days.

Islamic substantive law, otherwise called branches of the law (furū‘ al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied.

The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ‘cultivation’ (istithmār), whereby the qualified jurist (mujtahid), as the ‘cultivator’, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ‘fruits’ (thamarāt) from the sources.

The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar).

These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Islamic Legal Theory is Volume 2 of a 3 Volume set.

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Other Jurisdictions , Middle East, Islamic Law
Part I Islamic Family Law: Marriage in Islamic law: the modernist viewpoints, M. Khadduri
Invalid and void marriages in Hanafi law, J.N.D. Anderson
Equality (kafa'ah) in the Muslim law of marriage, F. Ziadeh
Mahr: legal obligation or rightful demand, M. Siddiqui
Marriage guardianship and minor's marriage in Islamic law, L. Carroll
Polygamy in traditional and contemporary Islamic law, D. Hinchcliffe
Women and divorce: the position of the Shari'ah, A.M. Kola
A critical appraisal of 'triple divorce' in Islamic law, N. Ahmad
Tafwid al-talaq: transferring the right to divorce to the wife, F. Khan
A husband's authority: emerging formulations in Muslim family law, L. Welchman.

Part II Islamic Law of Succession: the role of pre-Islamic customs in the Islamic law of succession, M. Rahman
Islamic inheritance system: a socio-historical approach, D.S. Powers
The Qur'anic law of inheritance, R. Kimber
Representational succession in contemporary Islamic law, N.J. Couklson.

Part III Islamic Law of Financial Transactions: Negotiating contracts in Islamic and Middle Eastern law, M. Zahraa
Contracts in Islamic law: the principles of commutative justice and liberality, H. Hassan
The concept of musharakah and its application as an Islamic method of financing, M.T. Usmani
Islamic laws on riba (interest) and their economic implications, M. Siddieq Noorzoy
The Islamic law of real security, N.H.D. Foster.

Part IV Islamic Criminal Law: Islamic criminal law and procedure: religious fundamentalism v. modern law, M. Lippman
The concept of had in Islamic law, F. Rahman
Effective legal representation in 'Shari'ah' courts as a means of addressing human rights concerns in the Islamic criminal justice system in Muslim states, M.A. Baderin.

Part V Islamic Judicial Procedure: Muslim procedure and evidence, Anderson
Evidence from memory to archive, B. Messick
Debates on women's status as judges and witnesses in post-formative Islamic law, K. Bauer
On judicial review in Islamic law, Powers
The structure and procedure of the Shari'ah courts: historical dynamics and some contemporary practices, S.S.S. Haneef.

Part VI Islamic International Law (Siyar): The siyar - an Islamic law of nations?, A. Bousenita
Protection of diplomats under Islamic law, M.C. Bassiouni
Suicide attacks and Islamic law, M. Munir

Name index.