Shariah

This paper examines the due process laws and legal protections provided for detained homosexual individuals during the “preliminary investigations” under the new Islamic Code of Criminal Procedure ratified by the Guardian Council in 2013, which has been waiting to go into effect since October 2014.3
According to the document referenced at the preamble of the law, the new Code of Criminal Procedure has been updated in accordance with the state’s policy to Islamize the legal system in Iran. Nevertheless, the new Iranian Code of Criminal Procedure includes amendments, which offer better protection for individuals charged with homosexual conduct.
The criminal procedure laws are key to establishing the innocence or guilt of an alleged offender before the court. The revisions to the new Iranian Code of Criminal Procedure reduce the risk of wrongful conviction of homosexual defendants.
Therefore, lawyers can protect their clients in the course trial, using due process procedures. For instance, if an individual would be charged with a same-sex “offense,” thanks to the provisions of revised Code of Criminal Procedures, the likelihood of a successful defense at the trial is now greater than before. Though, to avoid being overly optimistic, we should emphasize that such a success depends on the proper enforcement of the law.
According to the Iranian Penal Code there are serious risks of being sentenced with capital punishment for those charged with same-sex relations. Because of this, lawyers and defendants must be informed of these revisions and the potential opportunities
2 Editorial Note: Although the author used the word homosexual and same-sex relations, generally, most cases argued in this article are related to men accused of being involved in same-sex relations. The new Code of Criminal Procedures can be applied both to men and women.
3 Based on a bill currently considered by the Iranian parliament, there is a possibility that 40 articles of this law may be changed, and their implementation postponed.

'Proto-Salafist' 14th century theologian Ibn Taymiyya is recognised as the intellectual forefather of contemporary Salafism and Jihadism. This volume offers a unique approach to the study of Ibn Taymiyya, by offering an English translation of his fundamental political treatise, The Office of Islamic Government, and shorter collections from The Collected Fatwas and The Prophetic Way, and Islamic Governance in Reconciling between the Ruler and the Ruled. The volume not only sheds light on these primary sources through translation and annotation, but also offers a theoretical analysis of Ibn Taymiyya's thought and how his legal viewpoint can be reconciled with current trends in Islamic political theory. The analysis provides an overview of Ibn Taymiyya's geo-political context, and offers an original study of his normative political thought. In examining the contemporary implications of Ibn Taymiyya's political theology, the authors explore his doctrine of the Islamic state in the context of Islamic decolonial theory.

Islam and the State in Ibn Taymiyya will appeal to academics in the fields of political science and religious studies, particularly within the field of Islamic history.

Landmark Decisions for Comparative Research

In many countries of the Middle East and North Africa, the institutions charged with constitutional review have undergone substantial reform in recent decades, indicating a rising awareness of the constitutional review as a potent instrument. New courts have been created (e.g. Iraq 2004), and existing courts have been attributed new competences and procedures (e.g. Tunisia 2014, Morocco 2017). Most courts have expanded their role and relevance (e.g. Egypt and Kuwait), shaping political and societal change.

تعبير" إسلامية المعرفة" ضرورة معرفية وضرورة حضارية لا على المستوى الإسلامي وحده، بل على مستوى العالمي كله للخروج من المأزق ‏المعرفي المعاصر، والأزمة الفكرية العالمية المعاصرة‎.‎
وإسلامية المعرفة تحقق من قراءة كتاب المقروء ونعني به " القرآن"، وكتاب الكون المنظور الذي يتضمن ظواهر الوجود كافة. فالقرآن الكريم ‏والكون البديع كلاهما يدل على الآخر ويرشد إليه ويقود إلى قواعده وسننه، فالقرآن يقود إلى الكون، والكون أيضاً يقود إلى القرآن. وهذا ‏يمكن أن نطلق عليه‎ ‎‏(الجمع بين القراءتين)‏‎.‎
وحين يحدث الفصام بين القراءتين، فإن المنهاج المعرفية البشرية تقود إلى نتيجتين خطيرتين: فالذين يتعلقون فقط بالجانب الغيبي في ‏القراءة، أي بالقراءة الأولى في الوحي فإنهم يسقطون الجانب الموضوعي وعناصره من حسابهم فيتحولون بالدين إلى لاهوت وكهنوت، ‏وينتهي أصحاب هذه القراءة إلى فكر سكوني جامد يحسب خطأ على الدين والذين يتعلقون بقراءة الكون وحدة ويركزون على الجانب ‏الموضوعي في إطار القراءة الثانية،‎ ‎فإنهم ينفون البعد الغيبي الفاعل في الوجود وحركته وينتمون تدريجياً إلى الفكر الموضوعي في المعرفة الذي ‏يؤثر على النسق الحضاري‎.‎
والجمع بين القراءتين جمعاً جدلياً وتفاعلياً يشير ليس فقط إلى مناهج نظر، بل يمتد ليحرك عناصر معينة لتفعيل آليات الجمع بين ‏القراءتين وبما يحقق عناصر الوصل لا الفصل بين العلوم الشرعية والعلوم الإنسانية والاجتماعية وفي دراسة كثير من القضايا والموضوعات،‎ ‎ومن أهم فوائد هذا الكتاب أنه أشار إلى أهمية وخطورة ذلك ضمن صياغات النظام المعرفي والأصول المنهجية ومناهج التعامل مع ‏المجالات المعرفية المختلفة والتكامل فيما بينها‎. ‎

The Islamic laws pertaining to mustḥāḍa—women who have dysfunctional uterine bleeding (istiḥāḍa)—have been overlooked in the research literature. This article reopens the research discourse on this topic by discussing two related questions: may a mustḥāḍa perform religious obligations and may she have sexual intercourse? The questions are shown to be somewhat related. It is found that jurists conceded the right of a mustḥāḍa to pray but disagreed about why—implying, contrary to previous scholarship, that Islam accommodates different levels of ritual impurity—and that they held divergent views on her having intercourse. By probing and investigating Islamic legal sources, it is shown that research assertions about istiḥāḍa thus far require circumscription and reexamination.

Abstract: Islam is the speedily rising religion in the first world and other parts despite unpleasant propaganda by the Zionist media. While Christian clergy is failing to stop the spread of Islam in the West, they have demonstrated their hostility with Qur’an by burning it. People from all walks of life continue to enter into the fold of Islam. They encounter rejection, resistance, hostility from their families, friends, and employers, but it does not discourage them in following Islam, the religion of peace and justice.

This study aims to analyze the effect of total assets, promotion and documentation costs, official travel expenses, zakat fund receipts and zakat fund distribution to the efficiency level of Badan Amil Zakat Nasional (BAZNAS) in Managing Zakat Funds during 2012 to 2016 using quantitative non-Parametric Data Envelopment Analysis (DEA) approaches production and collects data by documentation method. The type of data used in this study is secondary data in the form of annual financial statements BAZNAS period 2012 to 2016. DEA non parametric method uses two variables namely input variables and output variables. The input variables used in this study are total assets, promotion and documentation costs, and official travel costs, while for the output variables are zakat fund receipts and zakat fund disbursement. Based on the results of the research that has been done using the DEA method, it is found that BAZNAS experienced efficiency in 2012, 2013 and 2014 with an efficiency score of 100.00%, while in 2015 and 2016 BAZNAS experienced inefficiency that is in 2015 with an efficiency score of 79.16% 2016 with an efficiency score of 98.72%. Inefficiency does not occur in 2012, 2013 and 2014 because the efficiency value in those three years has reached a relative maximum whereas in 2015 and 2016 actual and target values are not suitable or unbalanced. By 2015 the input variables are inefficient because they do not fit the DEA calculation targets, which are total assets, promotion and documentation costs, and official travel expenses. The output variable that experienced inefsien in 2015 is the distribution of zakat. While in the year 2016 the three input variables experienced inefficiency and one variable output of the distribution of zakat funds. Inefficiencies can be overcome by adjusting between the target and actual targets set by DEA calculations. According to BAZNAS researchers should be able to pay attention to what factors could be the cause of inefficiency, so as to improve the efficiency level in the next year and can improve BAZNAS performance for the better.

How do ‘new’ and ’old’ Islamic actors in contemporary Albania define religious legitimacy, the nation and religious otherness? This chapter uses Olivier Roy’s analytical distinction between accommodationism and neo-fundamentalism as a compass to navigate through Albania’s complex religious landscape by exploring different sets of beliefs promulgated by a selection of Islamic groups (2010).  These are the Muslim Community of Albania, which represents ‘official Islam’ , and ‘mainstream’ Sunni Muslims, who are typically accommodationist. I also analyse a Sufi subgroup thereof, which is equally accommodationist, but in a slightly different manner. As a neo-fundamentalist counterpoint, I explore the ideas of a competing organisation composed of Salafi imams.

Accommodationism means that the bond between religion and a specific territory and culture of origin is tight. In this context, ‘culture’ refers to Albanian historical tradition and the language-based, secular nation-building project engineered by modernising state elites since the early 20th century. Neo-fundamentalism, conversely, is a globalised form of religion that emphasises the gap between faith and culture. As such, it represents a reformatted, exportable form of religiosity, which stands in contrast to cultural ethno-national ways of being Muslim. Neo-fundamentalist religious identity is faith-based, and seeks to ground itself solely upon explicit religious norms, at least in principle. Accordingly, these believers make their religiosity visible through a global uniform of religious markers detached from the surrounding culture.

In the Albanian Islamic context, the theoretically informed labels, neo-fundamentalist and accommodationist, roughly correspond to the ‘Albanianist’ versus the ‘Salafi’ forms of Islam. To some extent, this resonates with mainstream distinctions adopted in Albania and in the Balkans. A popular Albanian term for Muslims associated with neo-fundamentalist forms of Islam is ‘fanatic’ (fanatik). Accommodationism is commonly related to ‘old’ forms of Islam, which many be deemed as local, rooted, and European as well as tolerant and moderate. Neo-fundamentalism, conversely, refers to certain ‘new’ forms of Islam, i.e. those perceived to be imported, transnational, alien, ‘fanatic’ and a threat to local religious customs. This cultural distinction between what are deemed acceptable and unacceptable forms of Islam is often politicised and securitised. As I will show, the association between neo-fundamentalism and violence is not necessarily correct, and the Salafi community under scrutiny here can be defined as pacifist and purist (Wiktorowicz 2006). These two formats, moreover, clash and merge together as different local actors seek to recast and legitimize their respective positions.

Ce este islamul?

Care este istoria sa?

Care este adevărata semnificaţie a unor cuvinte precum Allah, şaria, jihad etc?



Nu trece nicio zi fără să auzim menţionându-se cuvântul islam. Şi totuşi, pentru majoritatea oamenilor, islamul rămâne o religie puţin cunoscută. Indiferent dacă este vorba despre violenţă, terorism, drepturile femeilor sau sclavie, se aşteaptă ca musulmanii de astăzi să fie responsabili de toate acestea. Există însă puţine oportunităţi de a descrie islamul, fie în mass-media, fie în general în societate: exact acest lucru îşi propune să facă volumul de faţă, într-o manieră simplă, concisă, directă şi extrem de accesibilă. Cititorul nu are nevoie de nicio pregătire de specialitate pentru a înţelege esenţa isla­mului. Lucrarea lui Tariq Ramadan este concepută în aşa fel încât să-i ghideze pe cititori în complexitatea lumii multifaţetate a islamului ca religie, filosofie şi civilizaţie.

TARIQ RAMADAN este scriitor şi profesor de studii islamice con­temporane la Colegiul St. Anthony şi la Facultatea de Teologie şi Religie a Universităţii Oxford. Este autorul unor lucrări de specialitate şi a fost descris de revista Time ca fiind „unul dintre cei mai impor­tanţi inovatori ai secolului XXI”.

Книга «Шариат для тебя» была написана российским востоковедом Ренатом Беккиным по просьбе Ильи Кормильцева (издательство «Ультра.Культура») в 2006 году. В связи с кончиной главного редактора культового екатеринбургского издательства текст так и не был напечатан. Спустя 9 лет книга впервые публикуется в издательстве «Смена» и открывает серию научно-популярных трудов ученых, работающих в Казани. «Шариат для тебя» состоит из 6 диалогов, посвященных разным аспектам мусульманского права (фикха). Через разговор трех учеников и учителя (Шамиля хазрата) автор популярно рассказывает об особенностях, теории и практике применения норм фикха в современном мире. Издание содержит авторские предисловие, послесловие и глоссарий.

This article will specifically examine the elements related to the management of Mosque Waqf Land, Manado City, whether it has been functioning as the act or whether the law has not been able to accommodate the problems that occur in the management of waqf land in Manado City. The result is that the management of waqf land in Manado City is classified into two things, namely effective and ineffective. But ineffective is more than effective, this is because many mosque administrators feel that the process of obtaining certificates is very procedural, so they have difficulty managing the certificate. So that, the relavancy is with the enactment of Law Number 41 year 2004 concerning Waqf, the recording of legal waqf acts is obligatory to provide legal protection and legal certainty for wakif, Nazhir and that assets that are represented.

Abstract: Rasulullah(S) could have easily gotten multiple gorgeous women as his wives or concubines had he so desired. However, except Ayesha, all his wives were divorced, widowed, or slaves.  All of these marriages were divinely ordained and had Hikmah (divine wisdom) and valid reasons behind them. Some of them were helping a pious Muslim woman whose husband had been slain in the cause of Islam, freeing those captives of war belonging to an honourable lineage, and achieving political allies for the cause of Islam. Some marriages were entered into in the hope of establishing cordial relationships with some influential tribes in order to reduce their enmity towards Islam. Rasulullah(S) removed racial, cultural, tribal, and national distinctions and prejudices through his marriages. The prime reason for his marriages was to unite the Muslim community with love and affection. During the era of Jahiliyyah, a divorced woman was considered inferior in status and the rich man would usually prefer to have them as concubines rather than marry them. By marrying a divorced lady, Rasulullah(S) set a precedent that it is legal as well as noble to marry a divorcee and elevate her status in society.  Some of Rasulullah’s(S) marriages were in order to wipe out certain prevailing evil customs and practices. An adopted son was considered as one’s own back in the day which Islam disallowed and Rasulullah (S) married his cousin Zaynab who was earlier the wife of his adopted son Zaid. Thus, he removed the custom that Nikah was illegal with the former wife of an adopted son. Likewise, prisoners of wars were kept as slave girls but never married. To eradicate this evil practice Rasulullah(S) set an example and married two captive women.

This paper seeks to shed light on the nature of fatwas as sources for the study of Islamic legal and ethical thought by drawing some distinctions between various basic types of fatwas and the information we may expect to derive from them. It identifies and provides an account of what are here termed as the ephemeral, the school, the court and the public fatwa. In each case it discusses the type of authority they involve and, in the context of this special issue on Islamic bioethics, their particular relevance to issues of health and medicine today.

Islamic law has been practiced in Myanmar since Myanmar Monarchy time. It apparently developed in British Colonial Era. Although it has not been codified yet, it has been applied till today. This chapter deals that the administration on Islamic Marriage in Myanmar.

This paper provides empirical evidence of the comparison default risk in Islamic banks and conventional banks in Indonesia over the 2011 to 2017 period. The calculation of bank default risk using a Merton Model has allowed the measure of the Distanceto-Default (DD) and Default probability (DP). This study was extended to investigate the differences of bank default risk between Islamic banks and conventional banks with the employ of T-test. The evidence shows Islamic banks as banks that are far from the Possibility of Default Risk rather than conventional banks. The T-test indicates that there are significant differences in the Probability of Default values between Islamic banks and conventional banks. These findings could be relevance to regulators in Indonesia to support the growth of Islamic, which helps in maintaining financial system stability and avoiding systemic risk.

This paper briefly explains about the legitimacy of short selling in stocks market particularly in Malaysia. It comprises of Shariah Advisory Council of Securities Commission's ruling regarding Regulated Short Selling and the concept of Securities Borrowing and Lending.

"The Trouble with Islam Today was first published in Canada by Random House in 2003. At 234 pages, it is a semi-autobiographical account of Manji’s life. The book has been banned in a number of Muslim countries. It documents Manji’s struggles in her life, the most prominent among which appears to relate to her identity. “I’m openly lesbian … I met my first girlfriend in my twenties.” (2 pages)"

Can a democratic society and Sharia law co-exist? This question increases in importance as the number of nations who follow Sharia law while modernizing is increasing. One argument suggests that there is no difference between allowing sharia tribunals to hear family and financial law and allowing Jewish families to have separate mediation. Another argument reflects that Sharia law is discriminatory against women and thus is an affront to development. This paper develops a proposal to study whether or not democracy and Sharia law can co-exist, in order to make public policy recommendations.

"When Muslim students take up the study of English literature, it is typically for the purpose of improving their English, much in demand in today’s world. While this is no doubt a worthy motivation, a systematic study of literature can bring additional benefits."

A discussion of how concepts of the ummah and the other inform different approaches to adultery in Shari'a law in particular in respect of women.

I am grateful to the School of Law, Sociology and Politics at Sussex University for the granting of permission to publish this article.

En un siglo en el que los escenarios económicos, político-institucionales, científicos,
culturales y sociales invitan a una profundización y una mayor y mejor comprensión de
la realidad, se hace necesaria la investigación detallada  sobre una temática de
injerencia global como lo es el Islam político. En rigor de ello, el presente paper
buscará analizar el rol de la mujer musulmana en la política, proponiendo que su
estudio favorezca el surgimiento de mayores espacios de reflexión y acción.

In a century in which the economic, political, scientific, cultural and social scenarios
invite the audience to take a close look and establish a major and better comprehension
of reality, a precise and detailed research about a significant international affair such
as Political Islam, needs to be considered. This paper looks forward to dig into the role
of women in the Islamic world, with the purpose of booming off major reflection and
action spaces on this topic.

What I am trying to accomplish is to revisit the connection between Islam and politics and place both within a humanistic and ethical framework. While I am not challenging the significance of governance (hukm) within the Islamic legal and historical contexts, I seek to shift the focus of our intellectual attention, at least at this critical juncture, away from the state to the human being and from law to ethics. My main argument is that the human being, and not the state, should be at the core of Islamist political activity… and that ethics should be the foundation of our new perspectives of the Shari`a.

... Also see Michael E. Marmura, “Ghazali's Attitude to the Secular Sciences and Logic,” in Essays on Islamic Philosophy and Science, ed. George F. Hourani (Albany, NY: State University of New York Press, 1975), 100–9. 39) al-Ghazālī, Deliverence, 65. ...

Observers call upon Islamic financial institutions to move beyond offering merely Sharīʿah-compliant instruments toward offering more Sharīʿah-based ones. But when did these terms come into usage, and why? What precisely do people mean by ‘Sharīʿah-based’? In this article we argue that the term ‘Sharīʿah-compliant’ emerged in the 1990s and allowed Islamic finance institutions to leave behind scandals of the 1980s, presenting Islamic finance anew as a technically rational project grounded in Sharīʿah expertise. In contrast, the call for Sharīʿah-based finance became popular in the 2000s, and especially after the 2008 global financial crisis, which made systemic stability and product transparency pressing concerns. Usages of ‘Sharīʿah-based’ fall into three categories: those that stress separation from conventional finance, those that stress authenticity, and those that stress welfare. This definitional multiplicity is not a problem but rather a starting point for debate and a sign of...

The digital revolution in financial services is under way, and digital disruption has the potential to shrink the role and relevance of today’s banks, while simultaneously creating better, faster, cheaper services that will be an essential part of everyday life. This forward-looking book discusses the crucial innovation, structural and institutional development for financial technologies (fintech) in Islamic finance.

The authors explain concepts in fintech and blockchain technology and follow through with their applications, challenges and evolving nature. The book provides insights into technology which will enable and enhance actual prescribed Islamic behaviors in modern economic transactions. Case studies highlight how to cope with modern transactional behavior with the advent of global online/mobile markets, shorter attention spans, and impersonal trade exchange.

Following the reform of Sharia courts of 1883, foundations for the new role of Sharia law and judiciary in the legal order of post-Ottoman Bosnia and Herzegovina were set. However, it was never fully clarified in the literature whether this reform represented only the finalisation of the initiated Ottoman reform (Tanzimat) or was it perhaps the product of some other ideas and tendencies. To reply to this question, the paper starts from the thesis that the reform of Sharia courts of 1883 was the result of transposition of the colonial model of application of Sharia law, which was in place in other Muslim countries that came under colonial rule.

The first segment of the paper seeks to clarify the role of Sharia courts in Bosnia and Herzegovina during the last years of the Ottoman and the first five years of Austro-Hungarian rule. In doing so, we start from the assumption that the application of Sharia law, in the form of decisions of Sharia courts, both during the Ottoman (Tanzimat until 1878) and the first five years of Austro-Hungarian rule (1878-1883), was not limited solely to the question of personal status of Muslims. The second segment of the paper focuses on the issue of reforms of Sharia courts of 1883. In this segment, we reconstruct the details of the adoption of this reform project. Some of the more important questions that are addressed are: who were the architects of this reform, how were the new solutions justified and were these solutions taken from some other systems that came under colonial rule?

The paper concludes that the reform of Sharia law application model of 1883 came about on the basis of colonial models. This thesis was confirmed based on information from unpublished archive sources, which clearly indicate that the reformers observed the Algerian model (at least in terms of the reform of the second instance procedure). This thesis is further confirmed by compa rative examination of the solutions adopted in Bosnia and Herzegovina in1883 with general characteristics of legal pluralism in colonies with majority Muslim population.

Keywords: Sharia law, Sharia courts, Tanzimat, Austro-Hungary, Bosnia
and Herzegovina, reform of Sharia law, legal systems of colonies

In Islamic history, library was an inevitable element. Islamic library evolved from study circles, which prophet (pbuh) was used to give lectures for his companions. First library in his Islamic history is mosque and first book to enter this is Holy Quran. Books were created on lectures, which was given by scholars in study circles.
In Muslim rule under Umayyad, Abbasids and other dynasties, there many libraries and study centres were established.
Translation movement, under Islamic libraries, helped to spread the knowledge, which was restricted in Greek and Persian language.

Across history, different societies have exhibited considerable ethnographic, legal, and socio-political similarities in marital and familial customs and patterns. Religio-legal norms and institutions have integrated pre-existing naturalistic, moral, and legalistic ways of thinking about sexuality, reproductive relations, gender roles, and notions, rituals, and markers of identity. As a result, as demonstrated in the preceding chapters, today we observe more convergence than conflict in the teachings of major world religions on marriage and divorce. The present chapter will identify main points of agreement (and also disagreement) across major religious traditions in terms of their rules and customs that regulate the formation and dissolution of marital unions within their respective communities. Religious family laws have long been appropriated by governments and integrated into national legal systems in polities all over the world. With this common dynamic in mind, the chapter will also discuss the effects of state appropriation, both on religious traditions themselves and on the rights and freedoms of people who are subject to state-enforced religious family laws.

Can Islamic Law contribute to the creation of a legal framework towards environmental protection? Can environmental law reflect Islamic principles on the environment? Most Muslim-majority countries incorporate Shariah (Islamic law) to some degree in their legal framework. Many of those countries refer to it as the highest law in the land or the source of law in their constitution. With most environmental legislations in Muslim nations being borrowed from the developed West, they remain inadequate. One of the reasons why these legislations remain unenforceable in Muslim nations is that the populace have little sympathy for laws that have no legitimacy in their eyes. As Schwarte points out: “laws and regulations that do not only meet technical and administrative needs, but also reflect local attitudes and beliefs enjoy a higher degree of acceptance and credibility.”

Even in countries where the Shariah is constitutionally recognised, the vast contributions that the Shariah has to offer on the environment are not applied effectively. Despite Muslims making up a fifth of the world’s population and despite Islamic law (Shariah) being one of the most widespread legal systems on earth, Muslim jurists have failed in contributing to solutions towards environmental issues. Therefore, the contributions of the Shariah remain mainly unarticulated and unappreciated. Although there is a lack of adequate and enforceable environmental legislations in Muslim lands, there are a number of Shariah practices that continue to influence Muslims in how to use their natural resources especially in rural lands.