Islamic Public Law Documents on Practice From The Ottoman Archives Islamic Law in Theory and Practice — Ahmed Akgündüz

Islamic Law Documents on Practice from the Ottoman Archives Islamic law contains explications and divisions that imply a classification in terms of public and private law In this book we will explain the outlines of Islamic public law e g First Chapter Islamic constitutional law al siy sah al shar iyyah and administrative law al siy sah al shar iyyah Second Chapter penal law al uqûbât Third Chapter financial law zakât ushr harâj and other taxes Fourth Chapter trial law qadâ and Fifth Chapter international public law al siyar The fields of especially Islamic constitutional law administrative law financial law ta zir penalties and arrangements concerning military law based on the restricted legislative authority vested by Sharî ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good maslahah all fell under what was variously called public law al siy sah al shar iyyah Sharî ah policy qânûn legal code qânûnnâmah orfî huqûq etc Since these laws could not go beyond Sharî ah principles either at least in theory they should not be regarded as a legal system outside of Islamic law But Islamic penal law financial law trial law and international law depend mostly on rules that are based directly on the Qur an and the Sunnah and codified in books of fiqh Islamic law called Sharî ah rules Sharî i sharîf or Sharî ah law Such rules formed 85 of the legal system In this book we will focus on some controversial problems in the Muslim world today such as the form of government in Islamic law and the relation between Islam and democracy Islamic law does not stipulate a certain method of state government nonetheless we may say that the principles it decrees and its concept of sovereignty suggest a religious republic As a matter of fact Hulaf al Râshidûn the Rightly Guided Caliphs were both caliphs and religious republican presidents