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Relevant bibliographies by topics / Islamic legal system

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Academic literature on the topic 'Islamic legal system'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

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Journal articles on the topic "Islamic legal system"

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Ibrahim, Mohamed, and Ahmad Hidayat Buang. "MALDIVIAN LEGAL SYSTEM: ISLAMIC INFLUENCE AND LEGAL REFORM." Jurnal Syariah 26, no. 1 (May 22, 2018): 71–98. http://dx.doi.org/10.22452/js.vol26no1.4.

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Ibrahim, Zakyi. "Consensus in the Islamic Legal System." American Journal of Islam and Society 33, no. 4 (October 1, 2016): v—x. http://dx.doi.org/10.35632/ajis.v33i4.937.

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All Muslims regard the Qur’an as authoritative. The Sunnah, on the otherhand, although authoritative to the majority of Muslims, does not enjoy suchuniversality.1Yet to the Sunnis and Shi‘ahs, both of them are so authoritativethat they are unquestionable sources of Islamic legal system. Thus, they aresources “from” which Islamic law is directly derived. So what makes “consensus”(ijmā‘: whether of the Muslim community or of the scholars) such acompelling candidate for an additional source of the legal system as far asSunnis are concerned? I contend that (1) the early jurists viewed this as thes

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Abbas, Indah. "Islamic Law in the Legal Political System." Al-Mizan 13, no. 2 (December 1, 2017): 156–84. http://dx.doi.org/10.30603/am.v13i2.875.

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This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform

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Adinugraha, Hendri Hermawan, Mukhtarom Mukhtarom, and Ali Muhtarom. "THE MU’ALAMAH DROPSHIPPING SYSTEM: ISLAMIC ECONOMIC PERSPECTIVE." OIKONOMIKA : Jurnal Kajian Ekonomi dan Keuangan Syariah 2, no. 1 (July 8, 2021): 12–23. http://dx.doi.org/10.53491/oikonomika.v2i1.62.

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This research aims to explain the mu’alamah dropshipping system from an Islamic economic perspective. This study uses a literature or library research method which is sourced from authoritative data and sources, such as books and journals that are still relevant to the focus and discussion of this research. The results of the study concluded that allowing transactions that continue to develop in progress in the economy as long as they do not violate and do not contradict Islamic principles, dropshipping transactions which have now become a custom in society are allowed as long as the perpetrat

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Qonita, Nuha. "THE EMERGENCE OF LEGAL SYSTEM IN ISLAMIC FINANCE." JURISDICTIE 9, no. 1 (June 30, 2018): 72. http://dx.doi.org/10.18860/j.v9i1.5136.

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Legal system and jurisdiction take an important role in developing system or product innovation. The principle of Islamic financial transaction is recently elaborated in different frames of finance. It describes the challenge of Islamic finance in several countries which is linked with the perspective of stakeholders, consumer, industry, and the existing regulation. Various problems and recent decision making concept should be solved properly. This article aims to re-emphasize the rationality of Islamic finance regulation adjusted with consumer’s need. In some points, this study is used as the

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Sukardi, Didik. "SYARI'AH BANKING LEGAL SYSTEM IN INDONESIA." International Journal of Law Reconstruction 2, no. 1 (March 1, 2018): 1. http://dx.doi.org/10.26532/ijlr.v2i1.2621.

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Socio-anthropological and emotional, Islamic law is very close to the people of Indonesia are Muslim majority, but it has historically Islamic law was known long before the colonists into Indonesia. Fatwa Majelis Ulama Indonesia or MUI on bank interest is haram has pushed aside the curtain of public oppression to liberation syari'ah, and gave birth to the implementation of the dual banking system in Indonesia, namely the operation of conventional banks and banks of the syari'ah, which is welcomed by the people of Islam in Indonesia

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Madelung, Wilferd, and Devin J. Stewart. "Islamic Legal Orthodoxy: Twelver Shiite Responses to the Sunni Legal System." Journal of the American Oriental Society 120, no. 1 (January 2000): 111. http://dx.doi.org/10.2307/604901.

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Qonita, Nuha. "POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE." JURISDICTIE 10, no. 1 (July 11, 2019): 18. http://dx.doi.org/10.18860/j.v10i1.7034.

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<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maq

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Khisni, Akhmad. "FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT." Jurnal Pembaharuan Hukum 5, no. 2 (August 6, 2018): 153. http://dx.doi.org/10.26532/jph.v5i2.3109.

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Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because

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Sulthon, M. "INTEGRATION OF ISLAMIC SHARIA IN NATIONAL LEGAL SYSTEM." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 95. http://dx.doi.org/10.29300/mzn.v7i2.3425.

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The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attemp

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Dissertations / Theses on the topic "Islamic legal system"

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Hassan, Hussein. "Contract theory : views from the Islamic legal system." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365481.

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Ahmad, Abu Umar Faruq, University of Western Sydney, College of Law and Business, and School of Law. "Islamic banking in Bangladesh." THESIS_CB_LAW_Ahmad_A.xml, 2002. http://handle.uws.edu.au:8081/1959.7/247.

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This study is primarily concerned with the theory of Islamic banking and its practice in Bangladesh, and shari’ah and its four sources forming the basis of Islamic banking are discussed at length. The research seeks to: analyse the theoretical foundations of Islamic baking and practice in Bangladesh; examine areas of similarity and differences between the structure and practices of Islamic banking and conventional banks; and identify the problems, challenges and prospects of Islamic banking in Bangladesh. The dissertation examines primary and secondary sources and draws on fieldwork in Banglad

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Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.

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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Arm

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Maranlou, Zahra. "Access to justice : what do Iranian women think about their law and legal system?" Thesis, University of Warwick, 2011. http://wrap.warwick.ac.uk/53808/.

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This study was conducted in Iran (Tehran) to assess perceptions of women with regard to access to justice. Its aims are firstly to provide original evidence about user perceptions of access to justice, and to contribute to related national/international debates and body of literature. The research reviews some of the literature in the field of access to justice to highlight similarities and gaps between contextual framework of Islamic and Western correlated legal concepts including definitional analysis in support of and/ or against access to justice model worldwide. Consideration was also giv

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Mosmar, Mohammed Ghaith Ali. "Civil liability in the Jordanian Civil Code : a comparative study with the Shari'a." Thesis, SOAS, University of London, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267513.

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Audet, Eric. "The reforms of the Islamic legal system by the French in Morocco between 1912 and 1925 /." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59961.

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With the institution of the Moroccan Protectorate by the French in 1912, the military command had as its primary intention that of restoring law and order. Under the strong personality of the "resident general", Lyautey, a new era of "soft" political colonization was introduced in Morocco; brutish military conquests were followed by a certain cooptation process of the Moroccan elite. This association policy allowed the perception of real cooperation between the French and the Moroccans but was actually aimed at the tight regulation of the population. The efficiency of this regulation was achie

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Mirzay, Fashami Ashkan. "An evaluation of the indicators of threat to auditor independence in an Islamic legal system: The case of Iran." Thesis, Queensland University of Technology, 2015. https://eprints.qut.edu.au/90735/4/Ashkan_Mirzay_Fashami_Thesis.pdf.

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This study aimed to assist in developing a more effective framework for regulating auditor independence practice in Iran, a non-IFRS country with an Islamic legal system. It investigated the following general research question: In order to increase auditor independence in a non-IFRS country with an Islamic legal system, what are the potential indicators of threats to auditor independence, and how should a regulator prioritise addressing these threats?

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Abbasi, Muhammad Zubair. "Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011.

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This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance an

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Aleid, Abdulhamid Ibrahim A. "The Saudi legal system and its effect on electronic contract formation." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/108050/1/Abdulhamid%20Ibrahim%20A_Aleid_Thesis.pdf.

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This thesis examines the need for reform in the current Saudi law that governs electronic contracts. Traditional contracts are vastly different to electronic contracts, and uncertainties arise when the traditional principles of contract law are applied to the formation of online contracts. In Saudi Arabia, there is still great uncertainty in determining the applicable rule for the online environment and how it can be practically implemented. Overall, this thesis found that the legal system lacks sufficient clarity and predictability to support electronic contract formation. It recommends two i

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Salh, Shamsalden Aziz. "A critical evaluation of the legal and Sharia aspects of the Iraqi Islamic banking system, using the case studies of Malaysia and Bahrain." Thesis, Bangor University, 2017. https://research.bangor.ac.uk/portal/en/theses/a-critical-evaluation-of-the-legal-and-sharia-aspects-of-the-iraqi-islamic-banking-system-using-the-case-studies-of-malaysia-and-bahrain(0753bf3a-dd6f-4b82-9afa-e08b176345ec).html.

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In Iraq, like other countries, the Islamic banking industry plays an important role in developing the country’s economic system. The Islamic banking industry of Iraq is regulated by the Islamic Banking Law, 2015. However, Iraq’s Islamic Banking Law of 2015 consists of an incomplete set of rules and regulations. The law does not contain certain fundamental elements such as the licensing requirements. In addition the law does not determine the highest Sharia body in case of Islamic banking problems. Thus, the Islamic banking industry in Iraq is also regulated by the Banking Law 2004 and the Cent

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Books on the topic "Islamic legal system"

1

Ahmad, Sharifah Suhana. Malaysian legal system. 2nd ed. Kelana Jaya, Selangor Darul Ehsan: Malayan Law Journal Sdn. Bhd., 2007.

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Ahmad, Sharifah Suhana. Malaysian legal system. Kuala Lumpur: Malayan Law Journal Sdn. Bhd., 1999.

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Orire, Abdulkadir. Shari'a: A misunderstood legal system. Zaria [Nigeria]: Sankore Educational Publishers, 2007.

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Islamic legal orthodoxy: Twelver Shiite responses to the Sunni legal system. Salt Lake City: University of Utah Press, 1998.

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Islamic law and legal system: Studies of Saudi Arabia. Leiden: Brill, 2000.

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Nielsen, Jørgen S., and Rubya Mehdi. Embedding Mahr (Islamic Dower) in the European legal system. Copenhagen, Denmark: DJØF Pub., 2011.

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Embedding Mahr (Islamic Dower) in the European legal system. Copenhagen, Denmark: DJØF Pub., 2011.

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Muslehuddin, Mohammad. Philosophy of Islamic law and the orientalists: (a comparative study of Islamic legal system). 3rd ed. Lahore: Islamic Publications, 1994.

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Khan, Suhrab Aslam. Islamic legal system for an ascendant social order: Methodology of reorganization. Rawalpindi: Ferozsons, 1996.

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Uthman, Mohammed Bello. Safeguarding women's rights under the sharia criminal justice system. Lagos, Nigeria: Gender and Development Action, 2004.

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Book chapters on the topic "Islamic legal system"

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Hassan, Abul, and Sabur Mollah. "Courting Change: Development of Islamic Legal System Could Bring Growth." In Islamic Finance, 209–16. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-91295-0_15.

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Vismara, Fabrizio. "Application of the Legal Principles of Islamic Finance to Our Legal System." In Contemporary Issues in Islamic Law, Economics and Finance, 193–202. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003155218-15.

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Bakhshizadeh, Marziyeh. "An Analysis of Possibility of Fulfilling Gender Equality Within the Legal System of the Islamic Republic of Iran (IRI)." In Law, Religion and Tradition, 43–70. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-96749-3_3.

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Yakar, Emine Enise. "Influence of legal and political systems." In Islamic Law and Society, 221–59. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003037637-6.

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Hoogervorst, Tom. "Legal diglossia, lexical borrowing and mixed juridical systems in early Islamic Java and Sumatra." In Islamic Law in the Indian Ocean World, 39–63. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003185741-3.

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"King and Scholars in Competition: Legislation." In Islamic Law and Legal System, 309–62. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_012.

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"Ijtihād as Law: Doctrines for Theory and Practice." In Islamic Law and Legal System, 33–82. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_006.

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"King and Scholars in Cooperation: The Case of Capital Crimes." In Islamic Law and Legal System, 222–78. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_010.

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"Scope for Qāḍī Ijtihād: The Saudi System of Appeals." In Islamic Law and Legal System, 83–117. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_007.

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"Conclusion." In Islamic Law and Legal System, 363–65. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_013.

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Conference papers on the topic "Islamic legal system"

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Islamiyati, Islamiyati, Rofah Setyowati, Dewi Hendrawati, and Ahmad rofiq. "Legal Renewal of Cash Waqf Law Through Legal System Approach." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289333.

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Pasaribu, W. B. F., K. Syafruddin, Suwarto, and A. Madiasa. "Rehabilitation System as Legal Protection Efforts for Victims of Narcotics Crime." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.223.

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Sulaiman, Siti Sarah, Izuan Izzaidi Azmi, Ainul Hafiza Zainudin, Su’aida Safei, and Ibtisam Ilyana Ilias. "My Murobbi App: An Alternative Method in Learning Malaysian Islamic Legal System." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010054600640067.

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Nur, Efa Rodiah. "Transformation of Islamic Values in the Development of the National Legal System." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.035.

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Martitah, Martitah, Slamet Sumarto, and Arif Hidayat. "The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303643.

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Vasetsova, Elena. "THE PLACE OF THE ORGANIZATION OF ISLAMIC COOPERATION IN COUNTERACTING INTERNATIONAL TERRORISM." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-278-282.

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The purpose of the article is to study the activities of the Organization of Islamic Cooperation (OIC) to eradicate international terrorism. OIC is actively working to create a legal framework for countering international terrorism. Agreements on a common understanding of measures to combat terrorism have been reached. However, the OIC member States should take more specific steps to implement a system of measures aimed at combating terrorism.

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Barlian, Aristo, and Bagas Heradhyaksa. "Judicial Pardon as a Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289446.

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Идрисов, Хусейн Вахаевич. "ON THE CONCEPT OF FIQH AND RESPONSIBILITY IN THE SYSTEM OF MUSLIM LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt190.2021.79.17.011.

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Статья посвящена правовой характеристике фикха и ответственности в мусульманской системе права. Перечислены этапы возникновения и развития фикха. В статье выявляется трехуровневая система наказаний по мусульманскому праву, элементами которой являются такие виды наказаний как: «худуд», «кисас» и «тазир». В заключении работы формулируется вывод о том, что фикх представляет из себя совокупность теоретических знаний об исламской вере и ее практических положений правоприменения (Шариат) на основе норм главных источников мусульманской системы права - Священного Корана и Сунны Пророка Мухаммада (да б

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Purwendah, Elly. "Precautionary Principle Through the Obligations of Marine Insurance for Oil Tankers in the Indonesian Legal System." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289415.

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Nuruzade, Shahla. "Sharia and its place in the daily life of Azerbaijanis." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-212-218.

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The article is dedicated to Islamic law, where Islamic norms and traditions are formed in Azerbaijan. Sharia is primarily a complex of Muslim law established by the Quran and Sunnah. Although Azerbaijan is a secular state, Azerbaijanis still follow Sharia law in everyday life.

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Reports on the topic "Islamic legal system"

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Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.

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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling

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Ossoff, Will, Naz Modirzadeh, and Dustin Lewis. Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/tzle1195.

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Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part

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