By Frank Vogel
In line with years of analysis in Saudi Arabia, this quantity investigates the felony process of Saudi Arabia either for its personal sake and as a case-study of an Islamic felony method. As a examine of Saudi Arabia, it's the first huge therapy in English of the structure and Islamic court docket approach of Saudi Arabia. As a research of an latest felony approach in continuity with previous Islamic legislations and perform, it sheds new gentle on Islamic criminal doctrine, perform, and associations, correcting for earlier scholarly overlook of Islamic law's program. The e-book develops a framework of ideas, rooted in either Islamic and western felony thought, worthwhile for the comparative description and research of Islamic felony structures and functions, earlier and current.
Read or Download Islamic law and legal system: studies of Saudi Arabia PDF
Best comparative books
Financial Integration in East Asia (Trade and Development)
Monetary Intergration in East Asia explains the several equipment economists use to evaluate how open a country's economic climate is to family and overseas impacts, and applies those checks to 10 nations in East Asia. It explains how a rustic that has an open economy differs from person who is managed.
Unstable Constitutionalism: Law and Politics in South Asia
Even though the sphere of constitutional legislations has turn into more and more comparative in recent times, its geographic concentration has remained restricted. South Asia, regardless of being the positioning of the world's greatest democracy and a colourful if turbulent constitutionalism, is without doubt one of the vital missed areas in the box.
Community Care for Older People: A Comparative Perspective
This obtainable textbook compares ways that easy parts of group care are funded, organised and supplied by means of governmental and non-governmental corporations, permitting practitioners and policy-makers to profit from the reports in their opposite numbers in Europe and North the United States.
- Central Bank Regulation and the Financial Crisis: A Comparative Analysis (Palgrave Macmillan Studies in Banking and Financial Institutions)
- Innovation Policy and the Limits of Laissez-faire: Hong Kong’s Policy in Comparative Perspective
- The Comparative Physiology of Regulatory Peptides
- Unjustified Enrichment: Key Issues in Comparative Perspective
Extra info for Islamic law and legal system: studies of Saudi Arabia
Example text
49 His position extends to a claim that even the qadl, who ordinarily has the power to fix a determinate outcome in the concrete case, can lose that power when uncertainty has too greatly infected the law. Ibn Taymiyya, Majmu'at, 35:377. 50 Cf. al-Qarafi, Ihkdm, 65-66. 24 CHAPTER ONE hologram- or chromosome-like ability to shape and generate the legal system as a whole, encompassing both its mundane and transcendent dimensions. This form of law, by a unique act of conscience, fuses together a concrete event and the revealed law into a ruling all at once concrete and abstract, secular and transcendent, inner and outer, batin and zahir, individual and collective.
So far we have seen little in Islamic law that resembles this concept. One form of Islamic law perhaps falling within it is a rule stated categorically and clearly in a Qur'anic verse or in an authentic hadlth—for example, that a wife divorced for the third time must not remarry her husband without an intervening marriage to someone else. Such a rule, as stated in the abstract, is binding, generally applicable, universally known, and so forth. Perhaps another form of law resembling this western notion of law is the law of a legal school, insofar as it is seen as a in the American context.
A man who has knowledge, and judges by what he knows—he is in Paradise. A man who is ignorant, and judges according to his ignorance—he is in the Fire. " Al-Sadr al-Shahld, Adab al-qadi, 1:163-64. , 1:163-67; Waklc, Akhbdr, 1:15. " 43 Ibn al-Qayyim, Ildm, 1:37-38. IJTIHAD AS LAW 21 outlook toward law and its application that both functions—those of the mufti and the qadf—reveal when taken together, that they share in common. First, notice that the theory of law behind the contrasts is such that law, in the sense of a binding norm, arises only when knowledge of the law is fused with two other elements: one, a particular, concrete context (either the individual's action based on the fatwa or the facts fixed by the judge); and two, an act of religious conscience (either that of the requestor in choosing to enact the mufti's advice or that of the qadi when he enacts his theoretical knowledge of fiqh as a compulsory judgment (hukni)44}.