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Islam and the legal system of the Czech republic in the context of changes at the beginning of the twenty first century
Bullová, Veronika ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
Islam and the legal system of the Czech republic in the context of changes at the beginning of the twenty first century Abstract The theme of this diploma thesis is Islam and the Czech law in the context of the changes at the beginning of the 21st century. The aim of the thesis is to evaluate the mutual compatibility of Islamic and Czech law. The introduction points out the fact that Islam is the fastest growing religion in the world. The first chapter introduces Islamic law, investigates its main characteristics and roots. The following chapter compares the chosen legal branches. The thesis tries to identify the points of conflict between Islamic and Czech law and cites concrete examples. In the realm of religious freedom, the thesis concludes that by the reason of the determination of punishment for apostasy from faith and the absence of equal access to persons of different religious beliefs, or to persons without faith, the Islamic legal legislation is not compatible with the Czech legal legislation. The thesis also examines from both views the area of private law legislation, concretely the family law legislation, the inheritance law, and the law of obligations. In the area of family law, the thesis concludes that the Islamic legal legislation is not compatible for the reason of the unequal status of...
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Contemporary Jurisprudence for Muslim Minorities in Europe
Šisler, Vít ; Kropáček, Luboš (advisor) ; Veselý, Rudolf (referee)
1 Abstract This diploma thesis deals with the contemporary Islamic jurisprudence (fiqh) providing normative frameworks for Muslim minorities living in Europe. The Muslim minorities in Europe vary significantly in their ethnic, social, and religious background; yet in many cases they bring to Europe coherent system of ethical and legal rules. Nevertheless, these normative systems differ according to the country of origin and religious background of the respective minorities. Therefore, in Europe that is a constant struggle between the various interpretations of Islam and different Muslim authorities. The situation of Muslims living in the non-Muslim legal system is not regulated by the classical Islamic law and therefore jurisprudence is becoming the primary mechanism for dealing with normative issues. The key institute for contemporary Islamic jurisprudence is iftā, i.e. delivering fatwas in response to real or hypothetical individual inquiries. This diploma thesis argues that the traditional and established Muslim authorities, such as imams in mosques and muftis trained in the countries of origin, are increasingly being challenged by global Muslim authorities and individual interpretation of Islam. The ideological background of these newly established authorities range from the liberal Islam to...
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Acculturation of the Islamic law sharia in the context of European legal systems
Kostelecká, Barbora ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
Acculturation of Islamic Sharia law in the context of European legal systems Abstract The aim of this advanced Master's ("rigorózní") thesis is to analyze the ways of acculturation of Islamic Sharia law in the context of European legal systems from a legal point of view. The first chapter deals with Islam, as well as the historical, political and geographical context that influenced the emerging religion. For the purposes of deeper understanding of Islam, the main pillars of Islam and the sources of Islamic creed are also discussed. The second chapter focuses on a more detailed specification of classical Islamic law - Sharia. The key is to define the content of Sharia law, including the identification of individual subjects of law, and to define the scope of the law. Furthermore, the individual primary and secondary sources of classical Islamic law are discussed. For the purpose of understanding the differences in the interpretation of classical law, the individual law schools of Islam and their differences are also described. Furthermore, the work aims to outline selected institutes of Islamic law, with emphasis primarily on legal institutes that are a frequent part of the life of ordinary Muslims. The third chapter focuses on the topic of religious freedom in the context of Europe. The concept of religion...
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Islam and the Environment: Ecological Problems in the view of Contemporary Islamic Jurists and Philosophers
Koláček, Jakub ; Ťupek, Pavel (advisor) ; Novák, Ľubomír (referee)
This thesis analyzes contemporary interpretations of Islamic religious ethics regarding the environment and its problems. The first part introduces a theoretical perspective in which the analyzed problem is viewed as historico-sociological problem of interaction between the modern phenomena of environmentalism and the traditional framework of religious ethics. The object of the second part is a close analysis and summary of those parts of the religious textual tradition which are included in the contemporary ethico-religious interpretations of environmental problems. In the third part, three separate discourses of contemporary Islamic environmental ethics and two other perspectives are distinguished and analysed using texts which represent them, published on this topic in English and Arabic. On this material common features of Islamic ethical attitude towards the nature and environmental problems are demonstrated as well as notable differences between the interpretations of jurists, layman activists, institutions and other actors. Attentions is paid to various possible relations between modern environmental concepts and notions and traditional ethico- religious Islamic tenets including their possible political and social implications.
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Aspects of the sharia Law in the Great Britain
Hamplová, Kateřina ; Černý, Karel (advisor) ; Maslowski, Nicolas (referee)
This diploma thesis discusses phenomena of parallel legal norms applicable in the Great Britain. There is guaranteed enforceability of those parts of the Islamic law, which deals with family and inheritance matters in the United Kingdom. This phenomenon is result of decades lasting process going back to the colonialism. Given the current events such as so called migration crisis in the Europe and self-declaration of "Islamic State", the question of religious law of minorities become priority theme of public discourse and is also topic of common debates between critics and advocates of normative diversity. Crucial incident that influenced public debate, especially reflection of success rate of immigrants' integration, had been the London bombings of 7/7 2005. In the thesis are presented specific examples of clash of British Common Law and the Islamic Law. The force of disintegration is Salafism that affects Muslim minorities and which is imported to the UK primarily from Saudi Arabia. The online Fatwas, a very problematic issue, is dealt with in the end of the thesis as well. Given the impossibility to regulate influence of the internet, online fatwas have profound effect over vulnerable youngsters. Keywords: Islam, Islamic Law, Great Britain, Sharia, Islamic Family Law, Islamic Inheritance Law,...
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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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Contemporary Jurisprudence for Muslim Minorities in Europe
Šisler, Vít ; Kropáček, Luboš (advisor) ; Veselý, Rudolf (referee)
1 Abstract This diploma thesis deals with the contemporary Islamic jurisprudence (fiqh) providing normative frameworks for Muslim minorities living in Europe. The Muslim minorities in Europe vary significantly in their ethnic, social, and religious background; yet in many cases they bring to Europe coherent system of ethical and legal rules. Nevertheless, these normative systems differ according to the country of origin and religious background of the respective minorities. Therefore, in Europe that is a constant struggle between the various interpretations of Islam and different Muslim authorities. The situation of Muslims living in the non-Muslim legal system is not regulated by the classical Islamic law and therefore jurisprudence is becoming the primary mechanism for dealing with normative issues. The key institute for contemporary Islamic jurisprudence is iftā, i.e. delivering fatwas in response to real or hypothetical individual inquiries. This diploma thesis argues that the traditional and established Muslim authorities, such as imams in mosques and muftis trained in the countries of origin, are increasingly being challenged by global Muslim authorities and individual interpretation of Islam. The ideological background of these newly established authorities range from the liberal Islam to...
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Sharia Law, particularly Islamic banking, in relations with international elements
Hrdličková, Ivana ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Charles University in Prague Faculty of Law Abstract of the dissertation The title of the dissertation: Sharia Law, particularly Islamic banking, in relations with international elements Author: JUDr. Ivana Hrdličková Supervisor: Prof. JUDr. Monika Pauknerová, CSc., DSc. Prague, February 2012 Key words: Islamic finance, sharia, mudaraba, musharaka, murabaha, ijara, sharia compliant, international law, choice of law, contract, riba, gharar, maisir. The dissertation, Sharia law, particularly Islamic Banking in the relations with international elements, considers an actual topic and branch of islamic law. Neither islam nor islamic law is a legal system applicable at any particular territory. However, legislation of the countries with majority of muslim population, is based, more or less, on islamic law. Whereas due to migration and globalization, islamic law unavoidably interferes in international law. The legal regulation of international private law under the terms stipulated by the law leads to the use of foreign law. One can thus meet the legislation based on islamic law, including in the field of contract law. In commercial contracts, where the one side is from countries where islamic law is a source of legislation, may be the choice of law (in accordance with article 3 of Rome I), which form's the basis...
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Universality and relativity of human rights from the perspective of Islam - case study of Saudi Arabia
Tošovská, Lucie ; Zemanová, Štěpánka (advisor) ; Novotná, Yvona (referee)
In my diploma thesis I focused on human rights in Islam from the universal and the culture comparative point of view. A goal of my work was to find out, whether it is possible to justify the human rights abuses under the terms of concept of cultural relativism in the Islamic civilisation. The thesis should answer a question if it is possible to apply the principles of cultural relativism in case of human rights abuses in Saudi Arabia. This was achieved by analyzing the most important international and regional tools for human rights protection. The thesis is divided into three chapters, which are dedicating to this issue.
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