This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues...
Read More »Traditional Muslim Family Law and the Compatibility of the Proposed Muslim Marriage Legislation with Shari’ah
The South African Law Reform Commission compiled a draft Bill on Muslim Marriages in 2003. Similar to the Recognition of Customary Marriages Act of 1998 with regard to customary marriages, the draft Bill proposes recognition of all Muslim marriages irrespective of...
Read More »A Turn in the Epistemology and Hermeneutics of Twentieth Century Usūl al-Fiqh
Law and theology in Islam, as for Christians in medieval Europe, have always had a symbiotic relationship. But whereas western Christians accorded a secondary holy status to the Emperor Justinian’s corpus juris civilis, Muslims could not...
Read More »Maqāṣid al-Sharīʻa and Contemporary Reformist Muslim Thought: An Examination
Maqasid al-Shari'a and Contemporary Reformist Muslim Thought looks at the effectiveness of Maqasid al-Shari'a - as understood as both a classical legal hermeneutical construct developed by premodern Islamic legal theoreticians...
Read More »Legal Maxims in Islamic Criminal Law: Theory and Applications
The concept of Islamic Law has not been precisely defined, as some authors use the terms to reference the Shari’a while use it to refer to fiqh (jurisprudence)...
Read More »Discourse on Hudud in Malaysia: Addressing the Missing Dimension
This study argues that the discourse on hudud would not be complete unless hard questions surrounding its substance and practical procedures are....
Read More »Between Realism and Resistance: Shiʿi Islam and the Contemporary Liberal State
This Article divides modern Shi'i thought into four categories and concludes as a general matter that at least three of those categories appear possibly compatible with liberalism, and a fourth almost appears to...
Read More »Is It Lawful to Use Slaughtered Meat of Non-Muslims?
The opinion of the Shia' jurists and the School of Thought of the Ahl al-Bayt (the family of the Noble Prophet of Islam (s)) is that meat that has not been slaughtered according to Islamic laws, the ruling is...
Read More »Groundwork of the Moral Law: A New Look at the Qurʾān and the Genesis of Sharīʿa
In this article, I propose to put into the balance the various theories (including my own) that have been advanced about the Qurʾān as a...
Read More »Prohibiting the Pilgrimage: Politics and Fiction in Mālikī Fatwās
This study inventories and analyzes Mālikī legal opinions (fatwās) discouraging or prohibiting the pilgrimage to Mecca (the ḥajj) for Muslims in the Islamic West (al-Andalus, North Africa, and West Africa) from the...
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