The dynamics of Islamic marital jurisprudence in Islamic courts: the experience of the Kwara state and Zanzibar

Non-Muslims competence in giving testimony; A study between Islamic jurisprudence and the Saudi Civil procedural Law. أهلیة غیر المسلمین فی تأدیة الشهادة: دراسة بین الفقه الإسلامی وقانون المرافعات السعودی

This quick study highlights the need for future research among Muslim leaders, especially women leaders (otinoyi singular; otinoyilar plural), on the neglected topic of how Islam influences dispute resolution in Central Asia. The post-Soviet countries of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) have Muslim-majority populations and secular governments. As such, Islamic jurisprudence is not a source of state law and official Islamic courts do not exist there as in many other Muslim-majority countries. Islamic courts and jurisprudence did prevail in Central Asia but they were abolished by the Soviet Union and replaced with secular Soviet laws and courts. Therefore, it is easy to assume that Islamic legal authorities no longer influence the resolution of interpersonal disputes in Central Asia. Before accepting this assumption, it is necessary to explore the role of Islam in non-state dispute resolution processes in Central Asia.

Islamic jurisprudence (fiqh) has a long history and has stagnated since the Middle Ages, whose impact is still being felt today. Various innovations have been braved enough to violate the boundaries of doctrine between schools of thought in Islamic judicial decisions in its development. It is this issue that Noel J. Coulson describes in Conflict and Tension in Islamic Jurisprudence. This article reviews the approach used by Noel J. Coulson to Islamic jurisprudence by asking two main questions. First, how are Noel J. Coulson’s approach and method in Islamic jurisprudence research? Second, how is Noel J. Coulson’s contribution to the development of Islamic law studies? The writer answered these two questions by using a bibliographic type of research. The author finds that Noel J. Coulson dissects the development of Islamic jurisprudence by using historical and sociological approaches. Noel J. Coulson argues that traditional fiqh (classical to the medieval era), contemporary fiqh and decisions in Islamic law courts constitute an actual legal entity. The author argues that Noel J. Coulson’s historical approach to Islamic law is still relevant so that Islamic law is not considered stagnant.

This paper is extracted from an unpublished doctoral thesis: An Investigation of Application of Islamic Jurisprudence on marriage in Kadhis Courts in Zanzibar and Kwara State of Nigeria. Kadhis courts had been in existence in Zanzibar long before the colonial era. The region is located along the east coast of Africa and it is part and parcel of United Republic of Tanzania. The court system of Arab legacy in this region of Africa. Kadhis courts assisted in maintenance of good governance and peaceful co-existence among different peoples within the region since independence. The court makes use of Islamic law in adjudication process on Muslim personal matters such as marriage, divorce, inheritance and other related matters. Kadhis courts are part of Islamic legal history of Zanzibar till contemporary era. The court system had witnessed different political regimes. Different reforms were made to make the court system relevant to the ever changing modern world. Kadhis courts do not exist in isolation but are within the hierarchal courts’ structure of Zanzibar. Keywords: Kadhis Courts; Islamic law; Muslim personal matters; Post-Colonial era and Zanzibar. DOI : 10.7176/JLPG/86-04 Publication date :June 30 th 2019

This study examines the function and legitimacy of women's testimonies in Islam by contrasting them with Pakistan's legal system. Though there are variations depending on the situation and case type, Islamic jurisprudence has historically recognized the testimony of women,particularly unmarried women, in a variety of legal problems. Examining how Islamic principles relate to or differ from the Pakistani judicial system in relation to single women's testimony is the aim of this study. This study specifically aims to ascertain the degree to which Islamic jurisprudence informs Pakistani law and to pinpoint areas where interpretation or application may vary. To define the Islamic position on women's testimony, the study technique uses a comparative analysis, drawing on traditional fiqh (Islamic jurisprudence) and primary Islamic texts, the Quran and Hadith. Using Pakistan's constitution, case law, and statutes as a guide, these conclusions are then compared to the country's legal provisions, especially in criminal andcivil cases where testimony is crucial to the outcome. The findings show that whereas Islam permits women to testify in many situations, various interpretations of Pakistani law implement these principles differently, occasionally imposing restrictions based on gender or demanding supporting documentation. According to the report, Pakistan's court system does not alwaysadhere to traditional Islamic standards on women's testimony because of colonial-era legislation and current geopolitical factors. The conclusion underscores the need for a more nuanced understanding and application of Islamic jurisprudence within the Pakistani legal context to ensure justice and equality. It suggests potential reforms in the legal system to more accurately reflect Islamic teachings on women’s rights and testimony. This research contributes to broader discussions on gender equity in legal settings within Muslim-majority societies. Key words: Single women’s testimony, Islamic jurisprudence, Pakistani legal system, Gender equity, Comparative study, Legal reform

This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in the implication of the doctrines of gharar and maysir for Muslims’ financial activities. The manuscript also underscores the necessity of adopting the maqāsid approach (purposivism) in Islamic jurisprudence. It propounds that the cogent concern of the injunctions could have been an initiative for Islamic scholars to establish an advanced contract law and to promote transparency in economic activities if a maqāsid approach had been adopted in Islamic jurisprudence.

The current study aims to explain the responsibility of a perpetrator and a causer in Omani Transactions Law, and compare it with Jordanian Civil Law and Islamic jurisprudence, as Omani legislator imposed guarantee on a perpetrator in case there is harm to others without a condition, even he has to require infringement, since it is familiar in our life that harm occurs while a person practicing his legal right without infringement. The study also aims to explain the extent of possibility of adding the word infringement to the text of the Article (176/2) of Omani Transact Law and the Article (285) of Jordanian Civil Law in case the act of a perpetrator and a causer meet to achieve justice, and explain how to prove the perpetrator’s infringement. It is clear that a perpetrator’s act whether the actor uses a sharp tool or a living thing like one part of his body or another person’s body is positive which causes harm to others, as it is considered a perpetrator and commits guarantee without a condition, provided that the tool’s act or thing used is independent form it. Omani Civil Transactions Law does not require infringement during a perpetrator’s practice of his act, which does not agree with the rules of justice, as it is common in our daily life that harm is resulted from a person’s use of his legal right while practicing his act. The researcher adopted the descriptive and analytical method to describe legal texts related to the responsibility of a perpetrator and a causer in Omani Transactions Law, and compare it with Jordanian Civil Law and Islamic jurisprudence. The study reached a number of results including the perpetrator’s act is positive which causes harm to others, as it is considered a perpetrator and commits guarantee without a condition whether the actor uses a sharp tool or a living thing like one part of his body or another person’s body, the responsibility of a causer is throughout the condition of infringement by a causer, as this condition is sufficient since it includes intention, the causative relationship between an act and harm is present in both of a perpetrator and a causative, where it is in a perpetrator is more clear than in a causer and Omani Civil Transactions Law does not require infringement during a perpetrator’s practice of his act, which does not agree with the rules of justice.

In Islamic jurisprudence, intersex people are known as khuntha-those who have both male and female multiplicative organs. Taking into account the fragmented evidence on the role of science in the treatment of the khuntha, the socioethical demands, and expectations of people depending on their gender, this study aims to better understand the existing literature on the khuntha people in the Middle East and North Africa region (MENA)-the perception, acceptance, and treatment from families, communities, and health care providers. This study used a scoping review framework and was guided by the Preferred Reporting Items for Systematic Reviews (PRISMA). The included studies are presented as a narrative account, which gradually achieves the aim of the study. Findings were synthesized thematically. Three themes emerged from the data: Islamic jurisprudence and khuntha people, biomedical ethics and khuntha people, and social construct. These themes highlight the fact that, despite advances in scientific and social interest in equal rights and opportunities for everyone, in the MENA region, people with sexual and gender diversity continue to be stigmatized within their families, society, and, most thought-provokingly, by health care providers. These findings highlight the need for health care providers to be knowledgeable and skilled communicators, in order to provide age-appropriate information and support, and ensure individual choice in gender identity for khuntha people.

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning and particularly so within Common Law. These studies are often motivated by research in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently, Rahman et al. (Inferences by Parallel Reasoning in Islamic Jurisprudence. Al-Shīrāzī’s Insights into the Dialectical Constitution of Meaning and Knowledge. Springer, Dordrecht, 2019) developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary Common Law. In the present paper we will further motivate the deployment of the dialogical framework developed in Rahman et al. (2019) within Civil and Common Law. After a presentation of Scott Brewer’s take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis (known in Islamic Jurisprudence as qiyās al-‘illa or correlational inference by the occasioning factor), we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based on Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case in Common Law. Moreover, quite surprisingly, the case under study suggests that even cases of Law interpretation fit the argumentation pattern of qiyās al-‘illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper.Keywords Legal reasoning Common Law Civil Law Analogy Disanalogy Argumentation Dialogical Logic

After the abolition of slavery in 1897, Islamic courts in Zanzibar (East Africa) became central institutions where former slaves negotiated socioeconomic participation. By using difficult-to-read Islamic court records in Arabic, Elke Stockreiter reassesses the workings of these courts as well as gender and social relations in Zanzibar Town during British colonial rule (1890–1963). She shows how Muslim judges maintained their autonomy within the sphere of family law and describes how they helped advance the rights of women, ex-slaves, and other marginalised groups. As was common in other parts of the Muslim world, women usually had to buy their divorce. Thus, Muslim judges played important roles as litigants negotiated moving up the social hierarchy, with ethnicisation increasingly influencing all actors. Drawing on these previously unexplored sources, this study investigates how Muslim judges both mediated and generated discourses of inclusion and exclusion based on social status rather than gender.

هدف البحث إلى عرض الضمانات النظامية والشرعية للحدث أثناء التحقيق الجنائي معه والتي اهتم بها ونص عليها المنظم السعودي في نظام الأحداث الجديد الصادر بالمرسوم رقم (م/113) وتاريخ 19/11/1439هـ، والتي من أهمها التحقيق مع الحدث بوجود ولى أمره، وتعيين محامى له، وايضا عدم التحقيق معه إلا بوجود من يدافع عنه، وإذا تعذر فبوجود مندوب من دار رعاية الأحداث، كما نص المنظم على عدم استعما ل القسوة مع الحدث أثناء التحقيق معه، وتوصلت في هذا البحث إلى أن المنظم السعودي وضع ضمانات قوية يجب توافرها أثناء توجيه الاتهام إلى الحدث والتحقيق معه، وكذلك من قبل اهتم الفقه الإسلامي بشأن الأحداث، وفرق بين الحدث الذكر والأنثى وزاد في ضمانات الثانية، ومن أهم هذه الضمانات ضمانة منع الخلوة عند التحقيق مع المرأة، وضمانة توجيه الأسئلة للمرأة وغيرها من الضمانات، ووجدت اتفاقا في كثير من هذه الضمانات بين النظام السعودي والفقه الإسلامي كون النظام مستقى من الفقه الإسلامي.

The phenomenon of divorce in the context of intoxication has drawn limited scholarly attention, necessitating an exploration of its legal implications and theoretical underpinnings. This study employs an inductive and analytical approach, structured into an introduction, three main sections, and a conclusion that encompasses the research findings. The study synthesizes primary legal sources from Islamic jurisprudence, including the Quran and Hadith, alongside relevant provisions of the Afghan Civil Code and pertinent case law. Through a comprehensive examination of Islamic principles and legal precedents, the research delves into the multifaceted issue of divorce within the context of intoxication, addressing pertinent questions regarding the legal capacity and consent of an intoxicated individual to initiate or accept divorce. The analysis also investigates the rights and protections afforded to both parties in such circumstances, considering the overarching objectives of Islamic family law. The study highlights the varying approaches between Islamic jurisprudence and Afghan civil law, identifying potential areas of harmonization or conflict. Drawing on case examples and hypothetical scenarios, the paper further contextualizes the theoretical findings and proposes possible legal reforms to address the complexities arising from the divorce of intoxicated individuals. Ultimately, this research contributes to a deeper understanding of Islamic family law and its application in Afghanistan, while shedding light on the challenges posed by intoxication in the divorce context. The findings of this study may inform legal practitioners, policymakers, and scholars seeking to promote justice, equity, and protection within the realm of family law in both Islamic and Afghan legal systems.

This paper tries to study the punishment Stealing in the Shriah Islamic and iraqian law. The research take punishment Stealing in the Shriah Islamic and iraqian law. including ideal punishment Stealing in the Shriah Islamic and iraqian law and Ideal Stealing punishment Stealing in the Shriah Islamic and iraqian law. and sharper Stealing punishment Stealing in the Shriah Islamic and iraqian law that in shadow Shriah Islamic and iraqian law. I my ago, the maqasidy (objectives) of Shariah   have   recognized the right of preserving of safeguarding the   religion (Din), self, mind (aql) and personal sanctify and   humor. By recossily, these rights and extended for Stealing.   In addition,  these  rights   include the right of  maintaining a suitable  and  secured Shelter for the  refugee   and his  / her dependents, his  right   to have   access    for education  and the   right for  fair trial before the Islamic courts. Although this topic has been extensively dealt and certain areas of the topic that have received scanty coverage. It is hapend that this study will contribute to the literature on that important subjects. This topic is also vital due to the   fact that refugee problems have becoming more complex, particularly in the past-word war Two era. We will follow the dedective method in dealing and analyzing the components of this paper bassed on the companative approach. The paper will make use   of both   primary and secondary sources. The paper will conclude by presenting policy- or united recommendations to improve the conditions of refugee from the Shariah perspective.

Islamic jurisprudence traditionally relies on textual interpretation, analogical reasoning (qiyās), and scholarly consensus to derive legal judgments. However, in contemporary legal systems, particularly in domains such as forensic science, financial litigation, and family law, the need for empirical and objective evidentiary standards is increasing. This necessitates a reconsideration of classical epistemological tools in Islamic law. This article aims to explore how statistical reasoning and probabilistic inference can serve to modernize and complement traditional Islamic evidentiary principles. It aims to identify whether these tools can offer a more precise, replicable, and just framework without compromising the ethical integrity of Shariʿah. A doctrinal and comparative analysis was conducted, incorporating classical legal maxims and statistical inference models. Empirical case studies from Islamic courts and hybrid legal systems were evaluated alongside predictive models such as Bayesian probability, error rate thresholds, and likelihood ratios. The methodology also utilized textual hermeneutics to explore maqāṣid al-Sharīʿah compliance. Integration of statistical inference mechanisms—particularly in the domain of hudūd, tazīr, and personal status cases—indicates a measurable enhancement in judicial consistency and reduction in evidentiary ambiguity. Courts that applied forensic and data-driven models exhibited lower reversal rates and increased public confidence, while remaining compliant with foundational Sharīʿah values when guided by juristic oversight. Incorporating statistical methodologies into Islamic legal procedures does not replace traditional methods but rather reinforces them with quantifiable validity. This evolution can provide a coherent framework for contemporary challenges while remaining aligned with the core objectives of justice, fairness, and social welfare as enshrined in Islamic jurisprudence.

This study explored the legal domain of Maguindanaon settlement agreements to uncover how language constructs and legitimizes authority, codifies obligations, and enacts validation practices within community-based legal discourse. Guided by the lens of forensic linguistics through Critical Discourse Analysis, the study explored 51 authentic settlement documents encompassing land, marriage, and financial disputes. Findings revealed that the agreements linguistically legitimize jurisdictional authority by invoking recognized institutions such as barangay councils, Islamic courts, and revolutionary or military leaders, whose presence transforms texts into performative acts of governance. The terms and conditions, meanwhile, delineate obligations, remedies, and sanctions through direct, measurable, and culturally resonant language that balances state legality with moral responsibility. These clauses encode fairness, transparency, and reconciliation, transforming social norms into enforceable legal commitments. Finally, validation and evidentiary practices such as signatures, witnessing, recordkeeping, and the inclusion of official seals discursively transform oral understandings into binding artifacts. The interplay of linguistic authority, moral endorsement, and documentary proof demonstrates how Maguindanaon legal culture harmonizes customary law, Islamic jurisprudence, and state mechanisms. Overall, the study underscores the role of language as both a medium and a mechanism of justice, revealing that Maguindanaon settlement agreements are not merely records of resolution but performative texts that enact law, legitimacy, and communal harmony.