Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law

Ann Black, Hossein Esmaeili and Nadirsyah Hosen

This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman – the book is not only unique, but also enriched by differing insights into Islamic law.

Preface

Ann Black, Hossein Esmaeili and Nadirsyah Hosen

Subjects: asian studies, asian law, economics and finance, islamic economics and finance, law - academic, asian law

Extract

This book presents an in-depth analysis and a practical approach to Islamic law from a contemporary perspective. The authors intend to give both a practical and a theoretical scholarly discussion of the most important areas of Islamic law, as it is studied and practised not only in Muslim countries today but also by Muslims who live in non-Muslim countries, particularly in the secular Western nations. Apart from drawing on the experience of authors from three different law schools and states in Australia, the authors provide a juxtaposition of different cultural perspectives and traditions – Middle Eastern, Southeast Asian and European Australian; different religious traditions – Sunni, Shia and non-Muslim; different languages – Indonesian, Persian and Arabic, three of the major Muslim languages; and different gender perspectives, all of which reflect the diversity within Muslim societies, and Muslim communities in the West. An article based on Chapter 1 was published in the Connecticut Journal of International Law. (See Hossein Esmaeili, ‘The Nature and Development of Law in Islam and the Rule of Law Challenge in the Middle East and the Muslim World’ (2011) 26(2) Connecticut Journal of International Law, 329–66.) A shorter version of Chapter 3 was published in the Journal of Islamic State Practice in International Law. (See Hossein Esmaeili, ‘Islamic Law (Sharia) in Modern Democratic Nation States’ (2011) 7(2) Journal of Islamic State Practice in International Law (UK), 23–36.) The authors acknowledge that Chapter 4 develops concepts and material first published in Griffith Law Review in 2009.