Islamic Law and the Reconfiguration of Transmediterranean Mobility: The Emergence and Impact of a Post-Roman Mobility Regime (2nd–4th/8th–10th Centuries)

This study examines the sociological implications of marriage and divorce in Islamic law in modern Muslim societies. It aims to explore how Islamic legal principles related to marriage and divorce are interpreted and applied in contemporary contexts and their impact on family dynamics, gender roles, and societal norms. The research employs a qualitative approach, with the data collected through interviews, focus groups, and ethnographic observation analyzed using thematic coding and narrative analysis. This approach allowed for identifying recurring themes and patterns and exploring participants' perceptions, attitudes, and personal stories. A combination of a literature review with a comprehensive review of existing scholarly works, legal texts, and sociological studies on Islamic marriage and divorce laws was conducted. This review helped to identify key themes, gaps in research, and the evolving nature of Islamic family law across different cultural and regional contexts. Sources include classical and contemporary Islamic jurisprudence (fiqh), academic articles, books, and NGO reports on women's rights and legal reforms in Muslim-majority countries. For the literature review, the study focused on sources published between 2000 and 2020. The following criteria guided the selection of literature to ensure that the materials were relevant, credible, and up-to-date with contemporary debates and issues: Relevance to Topic, Academic and Peer-Reviewed Sources, Publication Date, Geographical Scope, Legal and Sociological Focus. Literature that addresses the intersection of Islamic law, gender dynamics, and the sociological implications of marriage and divorce. Respondents from members of Muslim communities across diverse socio-cultural settings. This analysis is applied to identify variations in the application of Islamic family law in different regions. The findings reveal that local cultural norms and legal systems often influence Islamic principles governing marriage and divorce. While Islamic law emphasizes justice, mutual respect, and the protection of family welfare, its implementation varies significantly, creating diverse sociological outcomes. For example, in some regions, divorce laws have been adapted to address gender equality concerns, while in others, traditional practices continue to dominate, often to the detriment of women's rights. The study concludes that while Islamic family law provides a robust framework for regulating marriage and divorce, its sociological implications are shaped by the interplay between religion, culture, and modern legal reforms. To address the challenges faced by Muslim families, there is a need for a balanced approach that respects religious principles while promoting social justice and gender equality. This highlights the importance of ongoing dialogue and reform to ensure that Islamic family law remains relevant and supportive in modern societal contexts

In Islamic law, apostasy is studied in different chapters, such as those governing bargains and contracts, punishments, will and inheritance, marriage and divorce, and international law. Apostasy is examined from different perspectives, taking into consideration the conditions of how someone becomes an apostate, its impact on the legal dispositions made by such individuals, the conditions of implementation of its punishment, as well as any crimes committed against the apostate concerned. This chapter focuses on the question why apostasy is studied in Islamic law and in particular why it is a matter of Islamic international law in ?anafi legal texts. It examines the purpose behind prescribing a punishment for such conduct. The chapter also outlines the classification of subjects in Islamic legal texts. Keywords:Ḥanafī legal texts; apostasy; islamic international law; Islamic legal texts

This study contains on a legal maxim; crime neither can be proved nor be punished without verse or legal text (statute), as well as it is a comparative analysis in prospective of Islamic criminal law and Pakistani criminal law. In contemporary world it is a basic principle in the criminal justice system that a person can neither be convicted nor be punished without prescribed law. Islamic law has fixed some punishments strictly like ?ud?d, qi??? and d?yy?t. while some of the punishments like taz?r?t & siy?sah shar’iah come under the jurisdiction of state according to the circumstances, which can be fixed by practicing parliamentary ijt?h?d by if and only if the experts islamic legal system. This study will deal with the literal meaning of the legal maxim, & will be explained with the references of Qur’an & Sunnah and its applications from Islamic law (al-fiqh al-isl?m?). To make it more clear & evident this maxim will be compared with the constitution & penal code of Pakistan, focusing on the main differences between the concept of crime in both i.e. Islamic criminal law and the Pakistani law.

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government’s strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research’s novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.

Unfair divorce remains a significant issue faced by contemporary societies. Addressing this problem requires effective legal and legitimate interventions. The Algerian Family Code derives its fundamental principles from Islamic Sharia and is influenced by Islamic law. However, over time, the Algerian Family Code has undergone various changes and adjustments to align with modern legal and social needs. The implementation of unfair divorce under Islamic law and the Algerian Family Code has witnessed several differences and contradictions. This study examines the provisions related to unfair divorce in Islamic law and the Algerian Family Code, highlighting their similarities and differences and the extent to which the Algerian Family Code is influenced by Islamic law. The study focuses on the extent of harmony and divergence between the legal and jurisprudential bases concerning unfair divorce in Islamic Sharia and the Algerian Family Code. Considering that Islamic Sharia serves as the primary source of the Algerian Family Code, the study investigates the challenges and disagreements encountered in their application. The significance of this research lies in shedding light on legal and jurisprudential matters related to unfair divorce in Algeria, providing crucial references to legal, religious, and academic institutions to establish a balanced legal framework in cases of unfair divorce, and encouraging further research to find comprehensive and harmonious legal solutions for Algerian society. The study adopts a comparative and analytical approach by collecting data and legal sources related to unfair divorce in Islamic and Algerian law, including legal texts on family and legislation in Algeria, fatwas, and judicial decisions concerning divorce cases. The obtained information is meticulously analyzed and compared to identify the similarities and differences between the two legal systems regarding the concept and conditions of unfair divorce. Moreover, the study investigates the laws and provisions aimed at preventing unfair divorce in both Islamic law and the Algerian Family Code. The analysis and comparison reveal significant disparities in the concept and procedures of unfair divorce between Islamic law and the Algerian Family Code. While Islamic law refers to such divorces as "bid'i divorce," the Algerian legislator designates them as "unfair divorce." Furthermore, the instances qualifying as unfair divorce differ between the two systems. Under Islamic law, unfair divorce occurs during the menstruation period, during the "clean" period when the husband touches the wife, through three pronouncements in a single session, or during a terminal illness. In contrast, the Algerian legislator limits unfair divorce to three situations: when the husband intends to harm his wife through divorce, when the husband seeks a minor benefit at the expense of his wife, or when the husband's purpose in divorce is to obtain an unlawful advantage. Lastly, concerning unfair divorce compensation, Islamic law grants the divorced woman the right to "mut'a" to deter the husband and compensate for her losses. The Algerian legislator, upon proving unfair divorce, awards the divorced spouse both the "mut'a" stipulated by Sharia and compensation for the damages incurred.

This study discusses the application of qishash punishment in murder cases according to fiqh jinayah, as well as its impact on the Islamic justice system and society. Qishash, which means proportionate retribution, is a form of punishment regulated in Islamic law for the perpetrator of intentional murder. As a legal concept rooted in the principle of justice, qishash aims to restore social balance and provide a deterrent effect for criminals. However, its application in society is not simple, as there are challenges related to unclear evidence, social and cultural considerations, and criticism of the application of the death penalty in the context of human rights. This study uses a qualitative method with a literature study approach to analyze various relevant fiqh and legal texts regarding qishash, as well as real cases that show its application in countries that apply Islamic law. The results of the study show that although qishash is considered a form of justice in Islamic law, its application is faced with problems such as injustice that can arise due to insufficient evidence, as well as controversies related to the death penalty. In addition, the role of the victim's family in choosing between qishash or diyat also shows that there are differences in views influenced by social, cultural, and economic factors. Considering the principles of justice in Islam and the challenges that arise in legal practice, this study concludes that the application of qishash in murder cases needs to be adapted to the times, including in terms of respecting human rights and upholding transparent and fair justice. This research also emphasizes the importance of developing an Islamic criminal law system that is able to accommodate human values without ignoring the principles of justice contained in fiqh jinayah.

This study presents a limited comparative analysis of Indonesian criminal law and Islamic law regarding the death penalty for acts of terrorism. The objective is to critically examine how the death penalty is regulated for individuals convicted of terrorism under both Indonesian criminal law and Islamic law, aiming to identify their similarities, differences, and implications for law enforcement. This normative legal research employs a comparative approach by analyzing legal texts, sources of fiqh and judicial interpretations, scholarly journals, and statutory laws related to the application of the death penalty. The findings reveal that, under Indonesian criminal law, the imposition of the death penalty for terrorism is governed by Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. In Islamic jurisprudence, terrorism is not explicitly discussed in traditional fiqh texts; however, it is often analogized to the concept of jarimah hirabah due to their similar characteristics. This analogy provides the legal and moral basis for imposing the death penalty on individuals convicted of terrorism. Both Islamic criminal law and Indonesia’s secular legal system categorize terrorism as an extraordinary crime that poses a serious threat to human safety, thereby justifying the potential use of the death penalty. Nevertheless, the two systems differ in their definitions of the crime’s legal elements. Islamic criminal law does not require that the consequences of the act be widespread, nor does it emphasize the perpetrator’s motive. In contrast, Indonesian criminal law stipulates that terrorism must involve widespread consequences to qualify under the statute. In addressing terrorism, the Indonesian government must carefully balance preventive measures with law enforcement actions. The death penalty should be regarded as a measure of last resort, applied with the utmost caution to ensure full compliance with human rights principles.

Introduction 1. Muslim Family Law and the Question of Equality Part 1: Perspectives on Reality 2. Qiwama in Egyptian Family Laws: 'Wifely Obedience' between Legal Texts, Courtroom Practices and Realities of Marriages 3. Egyptian Women's Rights NGOs: Personal Status Law Reform between Islamic and International Human Rights Law 4. The Religious Arguments in the Debate on the Reform of the Moroccan Family Code 5. From Local to Global: Sisters in Islam and the Making of Musawah: A Global Movement for Equality in the Muslim Family Part II: Approaches to Reform 6. Gender Equality and the Doctrine of Wilaya 7. The Status of Women between the Qur'an and Fiqh 8. Gender, Equality and the Health of the Prophet Muhammad: Reinterpreting the Concepts of Mahram and Qiwama 9. Rethinking Men's Authority over Women: Qiwama, Wilaya and their Underlying Assumptions 10. Revisiting Women's Rights in Islam:'Egalitarian Justice'in Lieu of 'Deserts- based Justice' Part III : Instead of a Conclusion 11. The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law and the Modern Muslim State. About the Contributors Index

Qiyās (analogical reasoning) is a foundational source and proof from which a jurist derives Islamic legal rulings, alongside the Qur’an, Sunnah, and Ijmāʿ (consensus). This study examines the authority of Qiyās in Islamic jurisprudence and the conditions governing conflicts between textual evidence and analogical reasoning. In particular, the research aims to clarify the concept of conflict between textual evidence and Qiyās, the legitimacy of Qiyās in Islamic jurisprudence, and the conditions under which conflicts between textual evidence and Qiyās arise. To achieve this, the study explores specific topics, including the option of rescinding a sale (khiyār al-majlis), the superior types of sacrificial animals (aḍḥiyyah), nullification of ablution due to laughter during prayer, and the purification of garments from dried seminal fluid. The study concludes that the disagreement among jurists, specifically between the Ḥanafīs and the majority of scholars, does not pertain to the legitimacy of Qiyās itself but rather to its application in particular issues. It further establishes that textual evidence in Islamic law does not inherently conflict, as all evidence ultimately traces back to a unified source. Any apparent conflict is attributable to the jurist’s interpretation. When definitive textual evidence (naṣṣ qaṭʿī) conflicts with Qiyās, the Qiyās is categorically invalid without disagreement. However, if speculative textual evidence (naṣṣ ẓannī), such as solitary narrations (khabar al-wāḥid), conflicts with Qiyās and the rationale (ʿillah) for Qiyās is explicitly stated in definitive evidence, Qiyās should be prioritized over the solitary narration. Conversely, if each invalidates the implications of the other, the majority of Islamic legal theorists uphold the precedence of textual evidence over Qiyās.

This research examines attempted murder (qatl al-amd) in Islamic criminal law, which is considered a serious offense with strict legal consequences. In Islamic law, the intention (niyyah) and concrete action to kill someone are seen as morally and legally equivalent to the successful act of murder, referring to the principles of protection of human life (hifz al-nafs) and justice (‘adl). Attempted murder can arise in a variety of situations, including physical attacks with weapons or other life-endangering devices. This research explores the main criteria in assessing attempted murder, namely the existence of an intention to kill as well as concrete actions to achieve that goal. Based on a normative juridical approach and analysis of primary legal texts, the study found that Islamic law provides for proportionate punishment while taking into account factors such as the intention of the perpetrator, the condition of the victim, and the social context of the event. In addition, the principle of reconciliation in Islamic law emphasizes the need

Purpose: This research aims to show how Egyptian and Qatari legislators codify the “abuse of rights” theory and compare it with Islamic law. This is done to correct the defects and deficiencies in the Egyptian and Qatari legal texts. Although the Arab laws are considered among the first laws that adopted this theory, they did not establish private regulation for this theory in their legal rules. Instead, they copied French civil law, which created a conflict between Islamic jurisprudential rules and the legal texts. Methodology: This Article has been written using two methodologies to find answers to the fundamental questions raised by this Article. The first methodology analyzes the legal texts that regulate the theory of Abuse of Rights in Egyptian and Qatari laws. In contrast, the second one is based on comparing the legal texts with Islamic jurisprudential rules. Findings: In the end, we concluded that the theory of “abuse of rights” was stipulated in the Egyptian and Qatari Civil Codes, and judicial rulings established the application of this theory. However, Article (5) of the Egyptian Civil Code and Article (63) of the Qatari Civil Code do not involve this theory. On the other hand, the general texts in Mecelle have organized this theory better and more accurately. Originality: The originality of this Article lies in the fact that it analyzed the position of the Egyptian and Qatari legal texts and commented on the judicial provisions issued by the Egyptian and Qatari courts of Cassation and the Arab courts, and the opinions of civil law jurists related to “abuse of the right.” Moreover, it criticized these texts and highlighted aspects of their deficiencies in comparison with the jurisprudential rules extracted from Islamic law.

A majority of scholars criticize British Indian Courts for making Islamic law rigid and stagnant by relying only on the translations of selected classical legal texts and operating under the doctrine of precedent. This paper challenges that view. It argues that Anglo-Muhammadan law responded to social change by providing a venue for discourse to various classes of society. Judges, lawyers, legal commentators, ulema and politicians played an active role in the making and functioning of the legal system, despite holding divergent views. This paper focuses on the historical legal process by which shares and securities, along with similar types of incorporeal property, became a valid subject matter of waqf. As shares and securities were a new type of property under Islamic law, judges initially refused, on the basis of classical legal texts, to accept them as a valid subject matter of waqf. However, Muslim legal commentators supported such waqf, arguing that Islamic law accommodates social change. This view prevailed in the end, but the legal controversy around it stretched over three quarters of a century. By examining this historical legal process, this paper provides insights into the making of Anglo-Muhammadan law and identifies the contribution of various actors to its formation and development.

Sadeghi, Behnam. <i>The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition</i>. Cambridge: Cambridge University Press, 2013. 234 pp. $99.99 (cloth).

This article aims to explore the importance of socialization of Islamic family law for rural communities, with a focus on increasing awareness and understanding through a community approach. This study uses the Community Participation method involving qualitative and quantitative approaches. Data were collected through surveys, in-depth interviews, and focus group discussions (FGDs) with community members, religious leaders, and legal facilitators. Academic debates surrounding the implementation of Islamic family law in rural areas often involve views on the differences in understanding between legal texts and existing social practices. Some scholars argue that the community's ignorance and misunderstanding of this law causes conflict in households, while others emphasize the importance of integrating local values ​​with Islamic law for the effectiveness of socialization. The results of the study indicate that a community-based approach, including training and workshops, was successful in increasing community awareness of rights and obligations under Islamic family law. In addition, active community participation in the socialization process increased their understanding of family law issues, which in turn could reduce potential conflicts and strengthen social structures in rural communities.

The Mudawwanah , one of the key texts for Mālikī law, poses several problems; its internal structure, its relationship to other early legal texts, and the history of its compilation have all confounded historians of Islamic law for centuries. Previously, this text was used to help demonstrate that Islamic law did not develop a single perception of legal authority, but that competing ideas of legal authority were already present in the earliest legal texts. This chapter suggests something a bit bolder, that through analysis of the Mudawwanah and other early legal texts, one may perceive of an alternate origin for Islamic law itself, not merely in the crucible of the courts, where pragmatic need drove speculation and expansion of law, but also in the ḥalaqah , the shaykh's circle, where the sharīʿah -minded reflected on God's law as a means of interacting with the divine. Keywords: ḥalaqah ; early legal texts; Islamic law; Mālikī law; Mudawwanah ; sharīʿah