scholarly journals Categorized Conception of Islamic Legal History of Ibn Khaldun: A Retrospective Paradigm of Legal Cartography

2018 ◽  
Vol 3 (1) ◽  
pp. 141-158
Author(s):  
Mohammad Zakaria ◽  
Ruhul Amin Rabbani
Author(s):  
Sarah Eltantawi

This chapter explores the deepest layer of the sunnaic paradigm, the Islamic legal history of the stoning punishment. This chapter contrasts the stoning punishment’s perceived stability and incontavertability among contemporary Northern Nigerians against early Islamic intellectual historical accounts which understand the stoning punishment as highly contested and unstable legally and epistemologically. The chapter surveys early pre-Islamic societies’ legalization of the stoning punishment, including Mesopotamia and Judaic sources, and shows how the punishment made its way into the Islamic tradition. This chapter also surveys Qur’an, hadith, linguistic, aphoristic and Islamic legal treatment of the stoning punishment, and explores the analytic tools used by Islamic jurists to make a debatable punishment legal over time.


2017 ◽  
Vol 23 (2) ◽  
pp. 173
Author(s):  
Wawan Hernawan

Nowadays Muslim and non-Muslim scholar have no paid exhaustion attention yet onal- Muqaddimah book of Ibn Khaldun (1332-1406). Al-Muqaddimah Book is still being studied and debated critically. Actually, this work is still “dazzling” social scientists, anthropologists, theologians, philosophers, historians, and economists even compared with the other great works produced by other classical Muslim scholars. Search for the book of al-Muqaddimah Ibn Khaldun intends to seek and drank authenticity thoughts. It becomes important in the center of issue. We should be wise to this Muslim leader, because it has a big hand in an attempt to find the “authenticity” of Muslim thought. By using the method of historical research, it is obtained: first,for Ibn Khaldun, history is one of the disciplines studied extensively by the nations and generations. Second, the legal history is applicable universally so the truth can be revealed. Third, a historian should study the areas of human life (sociology, anthropology, theology, philosophy, history, and economics) to determine differences between main and general characteristics. Fourth, related to the modern social sciences, undoubtedly Ibn Khaldun is first beginning of sciences. He was a golden bridge for the development of science and the history of modern sociology


2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Ersilia Francesca

In this essay, Ersilia Francesca reviews scholarship on Ibāḍī law, an understudied and marginalized subfield of Islamic legal history. She argues that recent scholarship in Ibāḍī law has demonstrated that Schact was mistaken to dismiss Ibāḍī jurists as outliers who adopted Sunnī legal norms with only a few tweaks. To the contrary, studying Ibāḍī law as a view of Islam “from the edge,” she contends, enables a fuller picture of the multi-faceted process of Islamic law’s emergence. She further offers a periodization for the study of Ibāḍī jurisprudence in three chronological stages: a formative stage in Basra, an intermediate stage generated by Ibāḍī travels to Oman and the Magreb, ending in “a stage of maturity.”


2007 ◽  
Vol 11 (3) ◽  
pp. 460-461
Author(s):  
George L Gretton
Keyword(s):  

Author(s):  
Michael J. Bazyler ◽  
Kathryn Lee Boyd ◽  
Kristen L. Nelson ◽  
Rajika L. Shah

The Nazis and their cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate unclear and hostile legal paths to recover their stolen property from governments and neighbors who often had been complicit in their persecution and theft. While the return of Nazi-looted art and recent legal settlements involving dormant Swiss bank accounts, unpaid insurance policies and use of slave labor by German companies have been well-publicized, efforts by Holocaust survivors and heirs over the last 70 years to recover stolen land and buildings were forgotten. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of prewar private, communal, and heirless property stolen during the Holocaust. The outcome was the Terezin Declaration on Holocaust Era Assets and Related Issues, aiming to “rectify the consequences” of the wrongful Nazi-era immovable property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyzes how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration. These standards were issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI), a state-sponsored NGO created to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.


2020 ◽  
Vol 56 ◽  
pp. 131-151
Author(s):  
Samuel Lane

The deposition of Edward II was a watershed in the legal history of later medieval England. However, the significance of the church in its accomplishment has remained controversial. This article offers a reassessment by providing a brief narrative of the episcopate's involvement in events; analysing the importance of their contribution, with particular reference to the quasi-legal aspect of proceedings; considering whether this participation reflected their own initiative or was something about which they had no choice; and questioning why so many bishops turned to oppose Edward II. It becomes evident that prelates played a key part in Edward II's downfall, and that they became involved as a consequence of the oppressive treatment which he had meted out to them, to their families and to political society more broadly.


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