Perbedaan dan persamaan antara Hukum Islam dengan Hukum Barat menarik untuk dikaji. Secara umum, uraian buku ini menunjukkan bahwa ada perbedaan mendasar antara Hukum Islam dengan Hukum Barat. Kajian Hukum Barat menggunakan paradigma antroposentris, sehingga formulasi hukumnya lebih ditentukan oleh kondisi sosial, politik, ekonomi, dan budaya dan mengabaikan aspek transenden yang esoteris. Pada…
The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of …
Analysing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia,…
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She…
Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in four African countries: in Sudan where total Sharīʿa was applied until recently; in Nigeria where the Northern states re-introduced Sharīʿa courts; in Kenya where the place of Islamic courts…
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in t…
A landmark study of the most significant topics in field, The Oxford Handbook of Islamic Law is the first of its kind to offer a systemically sustained critical interrogation of the study of Islamic law to date. With entries from leading scholars, this volume delivers a historiographical examination of Islamic law, familiarizing readers with some of the most important names and ideas in the fie…
This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, inclu…