Research Handbook on Islamic Law and Society


Research Handbook on Islamic Law and Society

9781781003053 Edward Elgar Publishing
Edited by Nadirsyah Hosen, Senior Lecturer, Faculty of Law, Monash University, Australia
Publication Date: 2018 ISBN: 978 1 78100 305 3 Extent: 488 pp
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

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The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions.

Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur’an and the Hadith, to examine how Islamic law is applied in societies today.

Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.
Critical Acclaim
‘Nadirsyah Hosen’s edited volume aims to demonstrate different practices of Islamic law in various contexts in the contemporary world. Hosen effectively demonstrates the inherent multiplicity of Islamic law through differences it adopted in Muslim countries across the world. Through his variety of examples, he seamlessly establishes that the social, political, and cultural elements account for the variations of Islamic law in the Muslim world.’
– Muhammad Zubair Abbasi, Islamic Studies

‘What is Islamic law and how does it work? This Research Handbook of 18 case studies drawn from across the contemporary Muslim world promises not only to help contextualise Sharia as a versatile rather than an unchanging framework of laws pertaining to the 7th century, but also importantly to demystify it.’
– Howard Brasted, UNE Asia-Pacific Centre and University of New England, Australia

‘This Research Handbook on Islamic Law and Society is a brilliant contribution to understanding Islamic law in practice. With a galaxy of excellent contributors, the Research Handbook intelligently explores the role of Islamic law textually and contextually, focusing on contemporary issues ranging from medical ethics to apostasy laws. A must read for all.’
– Mohamad Abdalla, Centre for Islamic Thought and Education, University of South Australia
Contributors: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrati, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. Zawawi                                                                                                   




Introduction: Islamic law in action
Nadirsyah Hosen

1. Colonial legacies: family laws in Singapore and Australia
Ann Black

2. The application of kafala in the West
Kieran Mclean Eadie

3. ‘The best interests of the child’: critical analysis of the Libyan High Court decision
Ali Omar Ali Mesrati

4. ADR and Islamic law: the cases of the UK and Singapore
Arif A. Jamal

5. Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution
S. M. Solaiman

6. Business in Islam: revisiting Islamic banking practices in Bangladesh
Afroza Begum

7. Property law and trusts (waqf) in Iran
Hossein Esmaeili

8. Corporate criminal liability in Saudi Arabia
Mohammed Fahad Aljiday Alsubaie

9. Blasphemy and apostasy laws in the Muslim world: a critical analysis
Faisal Kutty

10. Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system
Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi

11. Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia
Nurussyariah Hammado

12. Collective ijtihad on health issues in Indonesia
Nadirsyah Hosen

13. Halal and other codes: can religion, science and ethics guide legal regulation?
Richard Mohr

14. Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice
Mia Corbett

15. The lawfulness of music in contemporary Indonesian debate
Neneng Yanti Khozanatu Lahpan

16. Educational rights for women in Saudi Arabia
Maan Abdul Haq Khutani

17. Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice
Richard Burgess

18. Khutbahs and fatwas in colonial Indonesia and Malaya
Muhamad Ali

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