Book: Modern Challenges to Islamic Law

This book is very much work in progress and presents preliminary reflections on  some contemporary challenges to Islamic law.

It represents both an intellectual and personal journey on the road to exploring critical questions regarding the nature and  remit of Islamic law and its efficacy and application in the contemporary world. It  highlights some of the serious challenges Islamic law confronts in the twenty first  century, both from within itself as well as from its interaction with the outside world,  including issues of globalisation and scientific development. The paper advances the  argument that Islamic law is an evolutionary, dynamic, responsive and multi – dimensional phenomenon capable of generating responses from within its varied and  rich traditions, its plurality and inbuilt transformative processes. It suggests that a  bottom – up contextual methodology towards ‘textual’ Islamic law may potentially  offer a more g rounded understanding and develop responses to contemporary  challenges in Islamic law.

The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author’s personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.

• Considers the realities of Islamic law in day-to-day life so as to engage readers across cultures, geographies and knowledge systems
• Includes relevant examples, case studies and a glossary alongside academic critique, creating a well-rounded resource useful for the introductory student market
• Explores the diversity of interpretations within Islamic legal traditions, leading readers to a rich understanding of this complex subject area

Shaheen Sardar Ali is Professor of Law at the University of Warwick and formerly Vice-Chair of the United Nations Working Group on Arbitrary Detention (2008–14). She has served as Professor II at University of Oslo, as well as Professor of Law and Director of the Women’s Study Centre at the University of Peshawar, Pakistan.

Table of Contents

Acknowledgements
Table of cases
Table of legislation
Glossary
Introduction
1. The flowing stream
2. An elephant in the room or needle in a haystack? Searching for ‘Islamic’ constitutionalism(s)
3. Contextualising family-law reform and plural legalities in postcolonial Pakistan
4. In search of legitimacy: the dilemma of Islamic finance
5. Muslim women’s contributions to drafting CEDAW: an untold narrative
6. CEDAW? What’s that? ‘Domesticating’ ‘international’ women’s human rights in Muslim jurisdictions: Reflections on Pakistan’s engagement with CEDAW
7. Between the devil and the deep blue sea: Sharia councils and Muslim women’s rights in British Muslim diaspora
8. Internet Fatawa: challenging tradition and modernity in women and gender issues
Concluding reflections
Reflecting at the Dihliz
Bibliography.

Bibliographic Information

Title: Modern Challenges to Islamic Law

Author: Shaheen Sardar Ali

Publisher: Cambridge University Press(October 2016)

Language: English

Length: 324 pages

ISBN: 9781107033382

Pub. Date: October 2016

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