SOAS Research Online

Abstract

Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Contents: Introduction; Part I Theoretical perspectives on the Practical Application of Islamic Law: From jurists law to statute law or what happens when the Sharia is codified, R. Peters; The compatibility dialectic: mediating the legitimate coexistence of Islamic law and state law, A.A. An-Na’im; Shari’a and state in the modern Muslim Middle East, N. Brown. Part II Empirical Analyses of the Practical Application of Islamic Law: Shari’a in the politics of Saudi Arabia, F.E. Vogel; Islamic law in contemporary South Asia, G.C. Kozlowski; The Islamic legal system in Indonesia, M.E. Cammack and R.M. Feener; Expanding a formal role for Islamic law in the Indonesian legal system: the case of Mu’amalat, Alfitri; Islamic law as customary law: the changing perspective in Nigeria, A.A. Oba; Secular law and the emergence of unofficial Turkish Islamic law, I. Yilmaz. Part III Islamic Family and Personal Status Laws in Practice: Family law and reform in Morocco - the Mudawwana: modernist Islam and women’s rights in the code of personal status, L.A. Weingartner; Protecting Muslim women against abuse of polygamy in Malaysia: legal perspectives, Z. Kamaruddin and R. Abdullah; Islamic law and gender equality, could there be a common ground? A study of divorce and polygamy in Sharia law and contemporary legislation in Tunisia and Egypt, Mashhour; The legal impediments to the application of Islamic law in the Philippines, A.P. Ali. Part IV Islamic Criminal Law in Practice: Judicial practice in Islamic criminal law in Nigeria: a tentative overview, G.J. Weimann; Punishment in Islamic law: a critique of the Hudud Bill of Kelantan Malaysia, M.H. Kamali; Her honor: an Islamic critique of the rape laws of Pakistan from a woman-sensitive perspective, A. Quraishi; The 2006 Women protection Act of Pakistan: an analysis, N. Shah. Part V Islamic Law of Transactions in Practice: An analysis of the courts’ decisions on Islamic finance disputes, Z. Hasan and M. Asutey; Shari’ah court judges and judicial creativity (ijtihad) in Malaysia and Thailand: a comparative study, R.W. Muhammad; Why aren’t women Shari’a court judges: the case of Syria, M.C. Cardinal; Kadi (judges) of the Sharia Court of Appeal: the problems of identity, relevance, and marginalization with the Nigerian legal system, A.A. Oba; The judge as tragic hero: judicial ethics in Lebanon’s Shari’a courts, M. Clarke; Name index.