Islamic Law in Theory and Practice

Akgunduz, Ahmed | Hardback | 11-12-2017 | 9789491898112

There is no explicit separation in Islâmic law between public and private law, but a special system has been used throughout history. Some scholars use the term Muslim personal law, which derived from the term al-a?wâl al-sha??iyyah in Fiqh books. But we prefer Islâmic private law; because Muslim personal law indicates different legal meaning – rules governing natural and legal persons. In this book, we will elaborate on Islâmic rules relating to seven branches of private law: personal law, family law, inheritance law, obligations and contracts’ law, property law, commercial law, and international private law.

We will explain or summarize Islâmic rules in this book, rather than my (the author’s) personal views. Unfortunately, there is a misunderstanding in Western countries: if any Muslim scholar writes an article or book or grants an interview to a journalist to explain Islâmic rules on any issue, most Westerners, and especially people ignorant of Islâmic Law attribute these views to this scholar and holds him or her accountable. For example, a Dutch journalist came to see me and asked about the issue of beating women in the Qur’an, I explained the verse in the Qur’an and some interpretions by the Prophet Muhammed and Muslim jurists. The journalist did not understand what I explained, and many people have accused me of advising Muslims to beat their women. This is absolutely false.