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some Islamic law links

Date: October 30, 2004 | 15 Ramadan 1425 Hijriah
Blog: veiled4allah
Subjects: fiqh
For those interested in Islamic legal theory (and with the patience to read texts that are somewhat technical in nature), you may wish to check out the following articles by Mohammad Hashim Kamali:

Freedom of Association: The Islamic Perspective - Argues that although the scholars of the past have not fully developed theories of freedom of association, there is a sound basis in the texts of the Shari'a for doing so. Also discusses the permissibility of political parties and refutes claims made against this.

Freedom of Religion in Islamic Law - Sets out why freedom of religion is one of the most fundamental rights of the individual in Islamic law and provides evidence that neither the death penalty for apostasy nor the idea of "conversion by the sword" are part of Islam.

The Citizen and the State in Islamic Law - Discusses limitations on state power in Islamic legal theory, and argues that Islamic law calls for a limited government.

The Limits of Power in an Islamic State - Similar to the previous, but looks at some specific issues and areas of government authority.

The Right to Personal Safety and the Principle of Legality in the Shari'a - Really looks at criminal procedure and the protection of the rights of the individual from suspicion and accusation of crime, through arrest and detention, to interrogation, as well as the right to counsel. There is a discussion of beating the accused during interrogation, which has generally been upheld by the scholars, but Kamali argues that the stronger position is that this is forbidden.

Some previous entries I've made to this blog that link to other essays by Kamali include Dissent and disorder: American and Islamic approaches and Fundamental rights of the individual in Islamic thought.
~ Posted by Al-Muhajabah, a member of the reality-based community, at 03:14 AM

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