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Introduction to Islamic Law

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This Page is an introductory reference source covering the origins, history, theory, and practice of Islamic law in general. The references are country or State neutral.

Approaching Islamic Law

  1. What Type of Law is Islamic Law?
  2. The Original Condition and the Objectives of Law
  3. The Sacred and Profane in Islamic Law
  4. Place of God and  Human Beings in Islam
  5. Place of Morality and Ethics

Sources and Origins

  1. Legal Systems of  Pre-Islamic Era,
  2. The Qur’an as the Principle Source of Law
  3. The Hadith and Sunna as Secondary sources of Law
  4. Analogy (Qiyas) and the Operative Cause in Legally Deductive Reasoning
  5.  Juristic Debates on the Role of Consensus (Ijma’)

The Emergence and Dynamics of Islamic Law

  1. The Emergence of the Madhahib in Islamic Law
  2. Usul al-Fiqh and Tarjih
  3. Asbab al-Ikhtilaf and Maxims of law (Qawa’id al-Fiqhiyya)
  4. Principles of Equity and Necessity
  5. Custom and Social Practice: ‘Urf and ‘Adah
  6. Maqasid al-Shari’ah and maslaha
  7. Ijtihad and Taqlid

Praxis and Islamic Law

  1. Islamic Law and the State
  2. Qadis and Judicial Authority
  3. Muftis and the Social Practice of Islamic Law
  4. Legal Education and the Guilds of Law

Substantive Fields of Islamic Law

  1. Legal Offenses
  2. Legal Obligations
  3. Family Law and Succession
  4. Property law and the Waqf
  5. Jihad, Sovereignty, and Jurisdiction

Transformation and Modernity

  1. The Ottoman Mejelle and the Tanzimat Reforms
  2. Colonialism and the Mixed Courts of Egypt
  3. The Age of Codifications and the Modern Nation-State
  4. Legal Reformist Thought in the Contemporary Age

Islamic Law and the Challenges in Modern Time

  1. Islamic Law and  Secularism
  2. The Shari’ah and the  Constitutionalism
  3. Islamic Law Vs Human rights
  4. Islamic Law Vs Question of Gender Equality
    33. Islamic Banking
  5. Muslim Minoritism
  6. Terrorism, Religious Violence, and the Shari’ah
  7. Conversion to Islam and repudiation of Islam

37.Concept of Dar -Ul-Islam and Islamic State

Indian Context of Islam and Law

  • Definition of ‘Muslim’
  • Sariat Act 1937
  • Commercial Communities: Khojas, Bhoras and Memons

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