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Jihad in Islamic Juridical Discourses
Hlaváčová, Simona ; Gombár, Eduard (advisor) ; Kovács, Attila (referee) ; Bezoušková, Lenka (referee)
The purpose behind this theses is to introduce the doctrine of jihad as a legal concept established in Muslim jurisprudence [fiqh] through the analysis of Arabic primary medieval legal sources and the writings of contemporary Islamic intellectuals. Firstly, its author will focus on the notion of jihad in classical Muslim jurisprudence and then proceed to examine the modern reinterpretations of jihad. The introduction provides and insight into the basic features of the religious law of Islam and its system. The second chapter is concerned with the definition of jihad and siyar in the books of fiqh as a regulatory basis governing the conduct of military expeditions. Then, it reviews the interpretative issues faced by Muslim exegets of the Quran and hadith posed by the application of abrogation mechanism [nasch] and analyses the early writings on jihad with respect to their structure, areas of regulation covered and the use of legal arguments and sources by their authors. The analyzed works include hadith collections of Al-Bukhari, Abu Dawud and Ibn Majja and the books of Malik and Al-Shaybani considered as the first codifications of Islamic laws of war. The third chapter presents the substantive rules of jihad as discussed by ibn Rushd in his legal handbook Bidayat al mujtahid which entails limits on...
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Formalistic Approach to the Repudiation in Islamic Law
Bezoušková, Lenka
This paper attempts to describe formalistic approach to a unilateral divorce in Islamic law, common known as repudiation (talaq). It focuses mainly on the formulation of the repudiation in muhtasar al-Quduri, al- Marghinani and Codification of Qadri Pasha, presents distinction between the explicit and implicit, revocable and irrevocable repudiation and offers own classification of the repudiation while combining these distinctions with classification of divorce into the most appropriate, proper and innovated divorce.
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Šarí´a and state courts changing in time
Bezoušková, Lenka
This paper focuses on development of courts systems in the Muslim history with special reference Ottoman Empire. The center of attention is appointing of judges and chief judge by the ruler, establishing shari´a courts and other courts, e.g. mazálim courts. Courts applied shari´a and the law issued by the ruler and government. The situation dramatically changed in the nineteenth and twentieth centuries, especially in Egypt.
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Maqásid aš-šarí´a and Interpretation of Islamic Law
Bezoušková, Lenka
This paper focuses on interpretation of Islamic law as a religious law, presents following methods of interpretation: grammatical and systematical interpretation, historical interpretation, legal reasoning (qiyas) and theory of maqasid ash-shari´a. Each school of law has own legal methodology and their approach to the interpretation of sources of law vary and emphasis on methods differ as well. Key
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