Sharia & Islamic Studies: Books

The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.

There have been significant devlopments in the evolution of Islamic Law with respect to the family especially in those countries where the Shari'a tradition is influential. The aim of this book is to cover the current research into the most challenging areas of Islamic family law. The articles which are included are central to the interests of influential groups in many Islamic countries and to the perceived rights of significant minorities throughout the non-Islamic world. The book addresses issues such as the development of the law of succession, the colonial encounter and its impact on Islamic family law, as well as critical areas in the contemporary family law of the Middle East, South Asia, South East Asia, China and Europe. Special attention is given to the law of minorities in their relation to the State.

This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.