An Introduction to Islamic Law Read Online Free PDF

(1.2%)
    17. Book of Deposit (less than 1%)
    18. Book of Loans (less than 1%)
    19. Book of Unlawful Appropriation (1.5%)
    20. Book of Preemption (1%)
    21. Book of Sleeping Partnership (less than 1%)
    22. Book of Agricultural Lease (less than 1%)
    23. Book of Rent and Hire (2%)
    24. Book of Cultivating Waste Land (less than 1%)
    25. Book of Charitable Trusts ( WAQF , 1.5%)
    26. Book of Gifts (1%)
    27. Book of Found Property (less than 1%)
    28. Book of Foundling (less than 1%)
    29. Book of Rewards for Returning Escaped Slaves (less than 1%)
    30. Book of Quranic Shares (inheritance, 3.5%)
    31. Book of Bequests (2.5%)
     
    C. The Third Quarter
     
[Some jurists treat these topics in the Second Quarter.]
     
    32. Book of Marriage (3.5%)
    33. Book of Dower (1%)
    34. Book of Contractual Dissolution of Marriage ( khul ; less than 1%)
    35. Book of Unilateral Dissolution of Marriage by Husband (2%)
    36. Book of Re-marriage by the Same Couple (less than 1%)
    37. Book of Husband’s Oath not to have Sexual Intercourse with his Wife for Four Months ( ila ; less than 1%)
    38. Book of Husband’s Oath not to have Sexual Intercourse with his Wife ( zihar ; less than 1%)
    39. Book of Husband’s Accusing his Wife of Being Unfaithful (less than 1%)
    40. Book of Oaths (2%)
    41. Book of Waiting Periods (1%)
    42. Book of Foster Relationships (less than 1%)
    43. Book of Family Support (1.2%)
    44. Book of Child Custody (less than 1%)
     
    D. The Fourth Quarter
    45. Book of Torts (2%)
    46. Book of Blood-Money (less than 2%)
    47. Book of Quranically Regulated Infractions (5%)
    a. Sub-chapter on Apostasy
    b. Sub-chapter on Rebels
    c. Sub-chapter on Illicit Sexual Acts
    d. Sub-chapter on Accusing Someone of an Illicit Sexual Act
    e. Sub-chapter on Theft
    f. Sub-chapter on Highway Robbers
    g. Sub-chapter on Drinking Intoxicants
     
    48. Book of Discretionary Punishments ( TAZIR ; less than 1%)
    49. Book of War and Peace ( JIHAD , 1.5%) [some jurists place this Book at the end of the First Quarter]
    50. Book of Division of Booty (1%)
    51. Book of Judges and Judgeship (3%)
    52. Book of Suits and Evidence (1%)
    53. Book of Testimonies (2%)
    54. Book of Manumission (less than 1%)
    55. Book of Manumission after Master’s Death (less than 1%)
    56. Book of Manumission for Payment (less than 1%)
    57. Book of Female Slaves who had Children with their Master (less than 1%).
     
     

4 Jurists, legal education and politics
     
----
Introduction
     
    With the background provided in the previous chapter, we now turn to discuss how the class of legists perpetuated itself and how its evolution intertwined with the interests of the ruler. During the first two or three centuries of Islam, education was largely and deliberately disconnected from politics, being limited to private scholarship which the rulers sought to influence without much success. The story of this chapter is that of the transformation of legal scholarship from a highly independent enterprise to a markedly subordinate system that came to serve the ruler and his administration. However, as we have already intimated, this eventual subordination did not mean that the content of the law and its application was compromised by any political accommodation. In fact, it was the ruler who – from the beginning of Islam until the middle of the nineteenth century – consistently had to bow to the dictates of the Sharia and its representatives in governing the populace. As a moral force, and without the coercive tools of a state, the law stood supreme for over a millennium.
    Sometime during the late tenth century, the law college, known in Islamic languages as the MADRASA , came into being, exhibiting a tendency to superimpose itself over thestudy circle, and in the long run changing some if its features. The circle differed from the madrasa in one crucial respect: it was largely a free scholarly gathering of a professor and his students, for the most part without political interference and unfettered by financial