Islamic Law by Baderin, Mashood A. -- Read -- Imperial Library of Trantor

Index

Cover page Halftitle page Series page Title page Copyright page Contents Preface List of illustrations Chapter 1 Historical development

The formative period The pre-classical period The classical period The post-classical period The modern period An emerging post-modern period of Islamic law?

Chapter 2 The nature of Islamic law

Is Islamic law really ‘Law’? Does Islamic law apply only to devotional matters? Is Islamic law completely divine and immutable?

Chapter 3 Theory, scope, and practice

Islamic legal theory Sources of Islamic law Methods of Islamic law Principles of Islamic law Independent juristic reasoning (Ijtihād) Islamic substantive law Islamic law in practice

Chapter 4 Family law

Marriage and its legal consequences Requirements for validity of marriage Formalities of the marriage contract Effects of a valid marriage Maintenance (nafaqah) in marriage The question of polygamy Stipulations in the marriage contract Dissolution of marriage Unilateral dissolution initiated by the husband (talāq) Forms of talāq Effects of talāq The so-called ‘triple talāq’ Contemporary reforms Delegation of the husband’s right of talāq (tafwīd al-talāq) Dissolution initiated by the wife (khulʿ) Dissolution by mutual agreement (mubāra’ah) Judicial dissolution (faskh) Post-divorce maintenance and consolatory gift Child custody and guardianship Islamic family law in the West

Chapter 5 Law of inheritance

Origins of the system Two complementary parts Essential elements Testamentary bequest (wasiyyah) Limitations on testamentary power Obligatory intestate inheritance and classification of heirs Qur’anic heirs Agnatic heirs Uterine heirs Priorities and exclusions A practical illustration Legal bars to inheritance Special cases and doctrines The female’s share in Islamic inheritance Islamic law of inheritance in the West

Chapter 6 Law of financial transactions

Underlying philosophy and principles Freedom of contract Juristic analysis of the prohibition of ribā Juristic analysis of the prohibition of gharar Lawful forms of Islamic financial transactions Murābahah contract Mushārakah contract Mudārabah contract Islamic banking products Islamic banking in the West

Chapter 7 Penal law

Hudūd offences Repentance as a mitigating factor for hudūd punishments Qisās offences Taʿzīr offences Evidential requirements and standard of proving criminal offences Human rights concerns

Chapter 8 International law (al-siyar)

Scope of Islamic international law Islamic law of treaties Islamic law of armed conflict Islamic humanitarian law Human rights law

Chapter 9 Administration of justice

Appointment and role of judges Structure of courts and judicial procedure Rules of evidence Appeals and judicial review Alternative means of settling disputes Contemporary reforms in juridical procedural rules

Chapter 10 The future of Islamic law References Further reading Index Islamic History