Shariah Law: Questions and Answers

by Mohammad Hashim Kamali

Overview

Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects.

Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.

Product Details

ISBN-13:	9781786071507
Publisher:	Oneworld Publications
Publication date:	08/08/2017
Pages:	288
Product dimensions:	5.70(w) x 8.80(h) x 0.90(d)

About the Author

Professor Dr Hashim Mohammad Kamali is the Dean of the International Institute of Islamic Thought and Civilisation (ISTAC) at the International Islamic University, Malaysia.

Table of Contents

Acknowledgments vii

Introduction 1

I Shariah and Fiqh - Meaning, Definition, Sources, Salient Features and Comparisons with other Legal Systems 6

II Legal Opinion (fatwa) and Independent Reasoning (Ijtihad) 31

III Shariah and Acts of Worship ('Ibadat) 45

IV Schools of Islamic Law, the Madhhabs 52

V The Scale of Five Values (al-Ahkam al-Khamsah) 66

VI Shariah Court Proceedings, Evidence and Proof 71

VII Shariah, Criminal Law and the Prescribed Hudud Punishments 80

VIII Hudud in the Present-Day Muslim Countries 91

IX Shariah, Constitutional Law and Civil Liberties 100

X Jihad, Violence and War 118

XI Shariah, Gender and Family 131

XII Islamic Banking and Finance 160

XIII Shariah and Private Property 169

XIV Modern Bioethical and Environmental Questions 177

XV Freedom of Religion and the Rights of Minorities 195

XVI Goals and Purposes (Maqasid) of Shariah 204

XVII Legal Maxims of Fiqh (Qawa'id kulliyyah fiqhiyyah) 213

Qur'anic Verses, Hadith and Legal Maxims (in Original Arabic) 217

Bibliography 251

Glossary 263

Index 271

Editorial Reviews

06/12/2017
Addressing sharia’s sources, objectives, theories of interpretation, and legal maxims in a question-and-answer format, Kamali (Shariah Law: An Introduction), founding CEO at the International Institute of Advanced Islamic Studies at the International Islamic University in Malaysia, attempts to “provide an inkling for a general-interest reader” of the “basic contours of Shariah and Islamic law.” The book is comprehensive in its scope and detailed in discussing how sharia addresses issues such as worship, criminal law, gender and family, banking and finance, and modern bioethical and environmental concerns. Kamali is a sound scholar and an encyclopedic source of information on sharia’s theoretical and applied aspects, and this book reflects that erudition. However, although the question-and-answer format makes the text easy to understand, it makes for dry reading. While attractive for those looking for an academic introduction, this book may prove too dense for the casual reader. Furthermore, while on the one hand Kamali identifies sharia as a matter of interpretation and application, he can, at times, treat it as a set system when it suits his own views. Kamali’s presentation of sharia as complex yet understandable is commendable and this book is worth the effort for those looking to take these questions seriously amid much misunderstanding and misrepresentation. (Aug.)

Publishers Weekly

‘Professor Mohammad Hashim Kamali is one of the leading scholars of our time in the Islamic legal field, to which this book is a timely and critical contribution. His thoughtful, in-depth and accessible responses to essential questions help the reader to gain a comprehensive understanding of crucial Islamic notions.’

Tariq Ramadan

‘A clear-eyed, scholarly, thorough and timely general treatment of the most pressing questions an English-speaking layman may have about the Shariah.’

HRH Prince Ghazi

‘A most appropriate book that provides a clear understanding of Shariah law, especially in these times of general misunderstanding about the system in the West. Highly recommended.’

Mashood A. Baderin

‘A must read for anyone seeking answers to some of the most commonly asked questions about Shariah and a masterly demonstration of the contextualization of Shariah law in today’s setting.’

Abdullah Saeed

08/01/2017
Using a question-and-answer format, Islamic jurisprudence and legal scholar Kamali (CEO, International Inst. of Advanced Islamic Studies) endeavors to make the Islamic legal field both accessible and understandable, especially for the nonspecialist. Addressing 190 questions, such as what is Shariah (Islamic law) and what is fiqh (understanding or human interpretation), as well as the broad topics of violence and jihad, gender, family, property, and bioethics, the author keeps his answers generally to the point, based upon his own knowledge of Shariah in the 21st century. He acknowledges that while he depends heavily upon the Qur'an and Sunnah for answers, some, given their unrealized ends such as cloning and genetic engineering, will necessarily remain open-ended. Each section concludes with pertinent Qur'anic verses, hadith (sayings of the Prophet Muhammad), and further legal maxims. Fairly forthright and devoid of legal jargon, this account still requires a bit of work. Islamic terms are helpfully defined in a glossary. VERDICT A solid jump-start into the subject for inquiring minds.—SC

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