Codification Of Muslim Personal Law

Book Code: 1111012715189

Asghar Ali Engineer,  Qutub Jehan Kidwai

ABOUT THE BOOK

This book is a result of research project supported by the ICSSR about codification of family law for the Muslim community within Quranic framework. Extensive survey was carried out discussions were held with learned religious leaders of different Islamic schools of jurisprudence. The proposed family code takes into account sensibilities of all Islamic schools of jurisprudence and the Quranic principles of gender justice after studying family laws for Muslims in various countries.

ABOUT THE AUTHOR

Asghar Ali Engineer is internationally known Islamic theologian and scholar-cum-activist for peace and gender justice. He has been acclaimed both for his scholarship as well as activism and has been awarded several awards nationally and internationally including Right Livelihood Award which is also known as alternate Noble Prize. He worked tirelessly for inter-religious peace and gender justice. He has authored more than 70 books both written and edited. He has received honorary doctorates from three Universities. He has travelled throughout the world for lectures in different universities.

Qutub Jehan Kidwai was an Associate Research Director of the research project “Codification of Muslim Personal Law”.

CONTENTS

Preface ........................................................................................... 7

Introduction .................................................................................. 9

1. Evolution of Shariah Law ............................................. 29
• Definition of Fiqh • Origins and Development of Usul Al Fiqh
• The First Stage: Foundation (609-632 AD) • II. The Second Stage:
Establishment • Legal Apparatus of the Righteous Caliphs • The
Absence of Factionalism • Characteristics of Fiqh during this Period
• The Third Stage: Building • Division of Ummah • Deviation of
the Umayyad Caliphs • Dispersion of Ulema • Fabrication of
Hadiths • Characteristics of Fiqh in the Umayyad period • Reason
for Differences • Compilation of Fiqh • The Fourth Stage: Flowering
• The Development of Fiqh • Period of the Great Imams • Period
of the Minor Scholars • B. Court Debate • The Sources of Islamic
Law • THE MADH-HABS: SCHOOLS OF ISLAMIC LEGAL
THOUGHT • The Hanafi Madh-habs: Founder Imam Abu Hanifa
(703-767 AD) • THE AWZAA’EE MADH-HABS: FOUNDER IMAM
AL-AWZAA’EE (708-774 AD) • THE MALIKI MADH-HAB:
FOUNDER IMAM MALIK (717-801 AD) • Main Students of the
Mailik Madh-habs • Abu ‘Abdur-Rahmaan ibn al-Qasim (745-813
AD) • Abu Abdillaah ibn Wahab (742-819 AD) • THE ZAYDI
MADH-HAB: FOUNDER IMAM ZAYD (700-740 AD) • Formation
of the Zaydi Madh-habs • Source of Law used by the Zaydi Madhhabs • The Laythee Madh-habs: The Founder: Imam al-Layth (716-791 AD) • Reasons for the Madh-habs Disappearence • The
Thawree Madh-habs: The Founder: Imam ath-Thawree (719-777
AD) • Reasons for the Madh-habs Disappearance • The Shafi’ii
Madh-habs: The Founder: Imam Ash-Shafi’ii (769-820 AD)
• Formation of Shafi’ii Madh-habs • The Hambali Madh-habs:
The Founder: Imam Ahmad (778-855 AD) • The Dhaahiri Madhhab: The Founder: Imam Dawood (815-883 AD) • The Jariri Madhhab: The Founder: Imam at- Tabari (839-923 AD) • THE FIFTH
STAGE: CONSOLIDATION • Four School of Thoughts or Madhhabs • THE SIXTH STAGE: STAGNATION AND DECLINE

• Emergence of Taqlid • Reason for Taqlid • The Imams and Taqlid
• Imam Abu Hanifa and Taqlid • Imam Malik and Taqlid • Imam
Ash-Shafi’ii and Taqlid • Imam Ahmad ibn Hambal and Taqlid
• Period of Reformers • Difference among the Ummah • Differences
among the Sahaabah (Companions of Prophet PBUH) • References.

2. Analysis of the Interviews .......................................... 123

3. Islamic Family Laws in Other Countries .................. 157
• Legal Profiles: Organisation • Democratic and Popular Republic
of Algeria • State of Bahrain • Peoples Republic of Bangladesh
• Brunei (Negara Brunei Darussalam) • Legal History • Arab
Republic of Egypt • Federal Democratic Republic of Ethiopia
• Republic of the Gambia • Republic of Ghana • Republic of India
• Republic of Indonesia • Islamic Republic of Iran • Law/Case
Reporting System • State of Israel • Legal History • Hashemite
Kingdom of Jordan • Republic of Kenya • State of Kuwait • Lebanon
(Lebanese Republic) • Libya (Socialist People’s Libyan Arab
Jamahiriya) • Malaysia • Republic of Maldives • Morocco, Kingdom
of (and Western Sahara) • Federal Republic of Nigeria • Sultanate
of Oman • Islamic Republic of Pakistan • Palestine/Palestinian
Territories of West Bank and Gaza Strip • Republic of the
Philippines • State of Qatar • Kingdom of Saudi Arabia • Republic
of Senegal • Republic of Singapore • Republic of Singapore
• Somalia • Democratic Socialist Republic of Sri Lanka • Republic
of the Sudan • Syria (Syrian Arab Republic) • United Republic of
Tanzania • Republic of Tunisia • Notable Features • Background
and Sources • United Arab Emirates • Republic of Yemen.

4. Conclusion ................................................................... 339
Muslim Family Law (Draft) ....................................... 355

Index ............................................................................ 369