Table Of ContentRESEARCH HANDBOOK ON ISLAMIC LAW
AND SOCIETY
Research Handbook on
Islamic Law and Society
Edited by
Nadirsyah Hosen
Senior Lecturer, Faculty of Law, Monash University,
Australia
Cheltenham, UK + Northampton, MA, USA
© Nadirsyah Hosen 2018
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system or transmitted in any form or by any means, electronic,
mechanical or photocopying, recording, or otherwise without the prior
permission of the publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL502JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2018943995
This book is available electronically in the
Law subject collection
DOI 10.4337/9781781003060
ISBN 978 1 78100 305 3 (cased)
ISBN 978 1 78100 306 0 (eBook)
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Contents
List of contributors vii
Acknowledgements x
Introduction: Islamic law in action 1
Nadirsyah Hosen
PART 1 FAMILY LAWAND COURTS
1 Colonial legacies: family laws in Singapore andAustralia 13
Ann Black
2 The application of kafala in the West 48
Kieran Mclean Eadie
3 ‘The best interests of the child’: critical analysis of the Libyan
High Court decision 77
Ali Omar Ali Mesrati
4 ADR and Islamic law: the cases of the UK and Singapore 120
Arif A. Jamal
PART 2 PROPERTYAND BUSINESS
5 Corporate social responsibility and workplace casualties in
Bangladesh: an appraisal of Islamic principles as a potential
solution 141
S. M. Solaiman
6 Business in Islam: revisiting Islamic banking practices in
Bangladesh 159
Afroza Begum
7 Property law and trusts (waqf) in Iran 178
Hossein Esmaeili
PART 3 CRIMINAL LAWAND JUSTICE
8 Corporate criminal liability in SaudiArabia 201
Mohammed Fahad Aljiday Alsubaie
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vi ResearchhandbookonIslamiclawandsociety
9 Blasphemy and apostasy laws in the Muslim world: a critical
analysis 217
Faisal Kutty
10 Restorative justice in Islamic law: application in Malaysian
legal history and the criminal justice system 250
Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah
Zawawi
PART 4 ETHICS, HEALTHAND SCIENCES
11 Genetic engineering and ethics in Muslim communities: case
studies from Tunisia and SaudiArabia 273
Nurussyariah Hammado
12 Collective ijtihad on health issues in Indonesia 289
Nadirsyah Hosen
13 Halal and other codes: can religion, science and ethics guide
legal regulation? 307
Richard Mohr
PART 5 ARTSAND EDUCATION
14 Finding the Islam in Islamic art: the relationship between
Islamic law and artistic practice 331
Mia Corbett
15 The lawfulness of music in contemporary Indonesian debate 350
NenengYanti Khozanatu Lahpan
16 Educational rights for women in SaudiArabia 371
Maan Abdul Haq Khutani
PART 6 COMMUNITYAND PUBLIC SPHERES
17 Progressive Islam in Europe: a critical analysis of the unique
nature of Bosnia and Hercegovina’s Islamic practice 405
Richard Burgess
18 Khutbahs and fatwas in colonial Indonesia and Malaya 428
Muhamad Ali
Index 453
Contributors
Muhamad Ali is an Associate Professor of Islamic Studies at the
Religious Studies Department, University of California, Riverside. His
most recent book is Islam and Colonialism: Becoming Modern in
Indonesia and Malaya (Edinburgh University Press, 2015). His research
interests are Islam in Southeast Asia, Qur’anic and Hadith Studies,
Muslim politics and society, religious pluralism, and Islam and con-
temporary issues.
Mohammed Fahad Aljiday Alsubaie was awarded a PhD in Law from
the University of Wollongong with a special commendation of his PhD
thesis. He is a former Professor in the Institute of PublicAdministration,
Dar al-‘Uloom University and a legal consultant of a military Judge in
Saudi Arabia.
Afroza Begum is a Professor of Law at the Islamic University, Bangla-
desh. Currently, she is on leave and working as a sessional academic at
the University of Wollongong and at Macquarie University, Australia.
Her teaching and research interest predominantly lies in international
business law, corporations law and public law.
AnnBlackisanAssociateProfessorandReaderattheTCBeirneSchool
of Law, University of Queensland, Australia. She is the Deputy Director
of the Centre for Public International and Comparative Law. Her books
include Modern Perspectives on Islamic Law (co-written with Nadirsyah
Hosen and Hossein Esmaeili, 2013).
Richard Burgess is an alumnus of the University of Wollongong where
he graduated with Honours in both European Studies and Law. He prac-
tises contract and construction law at firm Herbert Smith Freehills, where
he advises on major infrastructure projects across Australian and inter-
national jurisdictions.
Mia Corbett is an Australian solicitor who advises international clients
in the field of media and gambling law. Mia actively pursues her interest
in contemporary art practice by presenting guided tours of exhibitions in
regional Australian galleries.
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viii ResearchhandbookonIslamiclawandsociety
Kieran Mclean Eadie has been employed with the Australian govern-
ment since 1999. During this period, Kieran has spent more than five
years living and working in the Middle East and South Asia regions in
his official capacity. He holds a Masters Degree in Politics and Public
Policy (Macquarie), a first-class Honours Degree in Law (UOW) and a
BA in History and Politics (NTU).
Hossein Esmaeili is an Associate Professor of Law at Flinders Univer-
sity, Adelaide, Australia. He is a Co-rapporteur of International Law
Association’s Committee on Islamic Law and International Law. His
most recent book is The Rule of Law, Freedom of Expression and Islamic
Law (Hart Publishing, 2017, co-authored with Irmgard Marboe and
Javaid Rehman).
Nurussyariah Hammado is a medical doctor, neuroscientist and clinical
exercise scientist who teaches at the Universitas Negeri Makassar
(UNM), Indonesia. She has special interest in exploring the neuroscience
basis of religious behaviour. She obtained her degrees from the Univer-
sitas Hasanuddin, the University of Queensland and the Australian
National University.
Nadirsyah Hosen has been working as a Senior Lecturer at the Faculty
of Law, Monash University since 20 July 2015. Prior to this role, Nadir
was an Associate Professor at the School of Law, University of Wollon-
gong. He has written and/or edited 13 books on the issues of Islam,
constitution, law and religion.
Nasimah Hussin is an Associate Professor at the Ahmad Ibrahim
Kullliyyah of Law, International Islamic University Malaysia (IIUM).
She has extensively researched areas relating to Shari’ah law, Islamic
criminal law, victimology, social sciences and restorative justice. She is
also actively involved with government and university projects in devel-
oping Shari’ah law of Malaysia.
ArifA. Jamal is anAssociate Professor in the Faculty of Law, National
University of Singapore (NUS Law). He serves on the Executive Com-
mittee of the Centre forAsian Legal Studies (CALS) at NUS Law and as
an Editor with the Asian Journal of Comparative Law. His research and
teaching interests include legal and political theory, law and religion, and
law in Muslim contexts. His most recent book is Islam, Law and the
Modern State: (Re)imagining Liberal Theory in Muslim Contexts (Rout-
ledge, 2018).
Maan Abdul Haq Khutani is a lawyer, with a PhD in Islamic law and
international human rights law. He works in Jeddah, Saudi Arabia.
Contributors ix
Faisal Kutty is an Associate Professor of Law and Director of the
International LL.M. program at Valparaiso University Law School in
Indiana and anAdjunct Professor of Law at Osgoode Hall Law School of
York University in Toronto. He also serves as counsel to Kutty Law, a
Toronto-based law firm. He is currently on the executive committee of
the Association of American Law School Section on Islamic Law.
NenengYanti Khozanatu Lahpan is a Senior Lecturer at ISBI (Institut
Seni Budaya Indonesia) Bandung, Indonesia. She completed her doctoral
degree in anthropology at Monash University, with the thesis entitled
‘Negotiating Ethnicity and Islam in Musical Performances in West Java,
Indonesia’(2015).
Ali Omar Ali Mesrati is an Assistant Professor of International Law at
the College of Law, University of Bahrain. He is the founder and director
of the University of Bahrain’s Human Rights Legal Clinic. His interest is
in education relating to international human rights and he has played a
significant role in introducing a wide variety of human rights courses in
Bahrain.
Richard Mohr is a sociologist (PhD UNSW) specialising in legal and
urban issues. He is Director of Social Research, Policy and Planning,
incorporatedinAustralia.HeeditedLawandReligioninPublicLife:The
Contemporary Debate with Nadirsyah Hosen (Routledge, 2013).
S. M. Solaiman is an Associate Professor of Law, University of
Wollongong, Australia. He has extensively published on corporate regu-
lation and stakeholder protection in leading law journals around the
world, mostly in the United Kingdom, the United States, Continental
Europe and Australia.
Hanifah Haydar Ali Tajuddin is a Senior Officer at the Shariah
Judiciary Department of Malaysia. Throughout her career, she has had
experiencesintheSyariahprosecutionunitandintheresearchunitofher
department. She is currently a PhD candidate at the International Islamic
University Malaysia (IIUM) in the area of comparative criminal law.
Majdah Zawawi is an Associate Professor at the Ahmad Ibrahim
Kullliyyah of Law, International Islamic University Malaysia (IIUM).
Her research background has been a mixture of Islamic law, jurispru-
dence, biosafety law and the halal industry. She has also been actively
involved in university and government projects in developing Shari’ah
law and the halal industry of Malaysia.
