Islamic Law

Introduction

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Shari’a or the sacred law of Islam is the will of God revealed to the prophet Muhammad and eventually taken down in the text of the Quran. The Quran together with the Sunna, the normative precedents of the prophet and his followers, written down in the form of Traditions (hadith),  form the two main sources of the Shari’a.
The legal scholars of the science of Shari’a (fiqh) developed methodologies and constructed an elaborate legal system, discussing cases and exercising legal reasoning on the basis of consensus (ijma’) and on analogy (qiyas). There are four pre-eminent schools of law: the Shafi’i, Hanafi, Maliki and Hanbali school.
The Shari’a prescribes in detail how a Muslim must behave in all aspects of life, that is, in the religious, moral and legal sphere and represents an eternally valid ideal to which society must aspire. The main legal areas treated are family, inheritance, commercial, contract, criminal and evidence law. Justice is being administered by Islamic judges (qadi’s).
The legal areas not covered by Islamic law belong to the discretionary power of the ruler, called siyasa. This double administration of justice, one religious and the other secular prevails until this day.
The reception of Western political ideas and the formation of states in particular changed the natural environment of the Shari’a. Modern theories differ widely about the possibility of an Islamic state and about the Shari’a as a basis for legislation or human rights.

This Research Guide is intended as a starting point for research on Islamic Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 346. Works on the Law of Oriental Countries and on Islamic Law and subject heading (keyword) Islamic Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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  • War and Peace in Islam : A Critique of Islamic/ist Political Discourses Showcase item

    The question of conflict in Islam has now for sometime been interpreted in the Western diplomatic circles through the violent actions of fundamentalist groups and amongst many academics through a jurisprudential outlook. This work, however, views war and peace in Islam in a critical theoretical framework, in relation to systemic approaches to International Relations. In so doing it relies heavily on the teachings of Islamic mysticism. It suggests that empowering the individual to control him/herself within, as propounded in Sufism and as opposed to systemic approaches, is a prelude to establishing enduring global peace. Without internal tranquility, external harmony will be next to impossible.
    Farid Mirbagheri, S.M., 2012
    View this title in our OPAC
  • Islamic Imperial Law / Jokisch, B.

    This book is about Harun al-Rashid’s codification project, the Zahir al-riwaya. It describes in detail which influences and interactions played a role. On the basis of Arabic,Greek, Hebrew, Latin, Persian and Syriac sources  a colourful picture is given of the cultural and legal developments in the 7th to 11th centuries in the vast territories of the Byzantine and Islamic empires.

    Jokisch, B., 2007
    View this title in our OPAC
  • Sharia incorporated : a comparative overview of the legal systems of twelve muslim countries in past and present / ed.: Jan Michiel Otto

    Otto, J.M., 2010
    View this title in our OPAC

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  • Islam and Assisted Reproductive Technology (ART)

    In Vitro Fertilization (IVF) has helped many childless couples successfully produce families in all corners of the globe. Current developments regarding IVF treatment have sparked debates in many islamic nations among religious groups. This blog will focus on Iran and discuss the differences between Sunni and Shi’a Islam regarding this issue.

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