About this ebook
of Civil, Criminal, and International Law under the Shari‘a’ to scholars and
any individual who desires to learn about the Shari‘a and its basic values
through an objective, methodical study.”
Mohamed A. ‘Arafa, Ph.D.
Assistant and Adjunct Professor of Law
Alexandria University Faculty of Law, Egypt
Islamic law (Shari‘a)
is an all-inclusive legal tradition that creates a seamless web reaching from
the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between
legislation and religion, no wall of separation between the mosque and the
state, and no compartmentalization of morality, faith, and law. Nonetheless,
the duties under Islamic law can be divided into two large subcategories, the
first and most important of which mainly concerns the private, individual
relationship between God and man. In contrast, the second duty mainly concerns
the public, transactional relationships among individuals which – in a secular
framework – is most analogous to “law.”
Introduction to
Islamic Law begins with an overview of Islam as a whole, including a
discussion of the sources of Islamic law and sectarian distinctions. Then, the
book thoroughly addresses the secondary duties of Islamic law, which govern
daily transactions between individuals, including the law of contracts,
property, banking and finance, and familial relations as well as criminal law
and procedure and the law of war.
The legal rules embodied within the Shari‘a are mandatory in jurisdictions
adhering to a strict application of Islamic law. However, Islamic law remains
highly influential even in Muslim-majority countries with secular legal codes.
Nevertheless, given recent developments in the Arab world, as well as the rise
of terrorism in the name of Islam, the Shari‘a
is a subject that has seeped into the national dialogue of wholly secular,
non-Muslim jurisdictions. Thus, Introduction
to Islamic Law is offered for scholars and students – both Muslim and
non-Muslim, with or without a legal background – for the purpose of obtaining a
basic understanding of the foundational concepts of the Shari‘a.
About the author
Jonathan G. Burns (J.D., Indiana University Robert H. McKinney School of Law, 2014; B.A., Evangel University, 2010) is the author of The Banking Sector in Post-Revolution Egypt: Is Islam the Solution?, Banking and Finance Law Review, Volume 29 Issue 2 (2014) and Just War Theory: The Perspectives of Christianity, Islam and Modern International Law Compared, 2013 Emerging Issues 7050 (LexisNexis, 2013) (co-author).
Jonathan has lived and worked in the Kingdom of Saudi Arabia. At the Robert H. McKinney School of Law, he studied Islamic and international law and sat on the Editorial Board for the Indiana International & Comparative Law Review. Contact the author by writing to: JonathanBurns@TellerBooks.com.