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Islamic Law, Social Justice and Injustices : the case for Islamic Welfare systems

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Ali, Shaheen Sardar and Yousaf, Faqir Asfundyar (2022) Islamic Law, Social Justice and Injustices : the case for Islamic Welfare systems. In: Adelman, S. and Paliwala, A., (eds.) Beyond Law and Development. Resistance, Empowerment and Social Injustice. Taylor and Francis. ISBN 9780203745298

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Official URL: https://doi.org/10.4324/9780203745298-14

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Abstract

This chapter investigates new and evolving elements of Islamic legal traditions as discursive and contested spaces focusing on the social justice and welfare arm of Islamic finance. Drawing upon Frederic Charles Schaffer’s (2016) process of ‘elucidation’, we adopt a three-stage analysis, of some key concepts within Islamic legal traditions that have a bearing on law and social justice. These include Islamic law, Islamic state, Islamic finance, riba, zakat, sadaqa, and qard hasan. Beginning with a process of ‘grounding’ – i.e., how people create and understand concepts, we will proceed to ‘locate’ them in their specific historical and linguistic contexts. Finally, we ‘expose’ these concepts with a view to understanding how these shifts are employed as tools of power through individual, state and societal interventions and their relationship to social justice and injustices. In attempting this, we go beyond a formal exegesis of historic and new concepts and attempt to include voices from various Muslim constituencies other than those traditionally holding the reins of knowledge to highlight how these heretofore passive voices are changing the way in which Islamic socio-legal knowledge is developing.

Item Type: Book Item
Divisions: Faculty of Social Sciences > School of Law
Publisher: Taylor and Francis
ISBN: 9780203745298
Book Title: Beyond Law and Development. Resistance, Empowerment and Social Injustice
Editor: Adelman, S. and Paliwala, A.
Official Date: 2022
Dates:
DateEvent
2022Published
28 April 2022Accepted
Number: 28/04/2022
DOI: 10.4324/9780203745298-14
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access

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