Mālik and Medina : Islamic legal reasoning in the formative period /
:
This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
:
1 online resource (552 pages) :
Includes bibliographical references and index. :
9789004247888 :
Available to subscribing member institutions only.
Legal documents as sources for the history of Muslim societies : studies in honour of Rudolph Peters /
:
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
:
1 online resource. :
Includes bibliographical references and index. :
9789004343733 :
Available to subscribing member institutions only.
Shariʿa, Justice and Legal Order : Egyptian and Islamic Law: Selected Essays /
:
In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book's historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
:
1 online resource. :
9789004420625
9789004412514
DROIT MUSULMAN ET SOCIÉTÉ AU SAHARA PRÉMODERNE : la justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe-XIXe siècles.
:
La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d'une analyse de recueils de fatwas inédits et d'autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L'ouvrage explore la diffusion d'institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l'interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l'application de la charia par les cadis et muftis locaux et s'interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l'écriture notariale et de la consultation juridique. Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?
:
1 online resource (xiv, 304 pages) :
9789004341265 :
Available to subscribing member institutions only.
Maṣlaḥa and the purpose of the law : Islamic discourse on legal change from the 4th/10th to 8th/14th century /
:
Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on maṣlaḥa's epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
:
1 online resource. :
Includes bibliographical references (p. [355]-362) and index. :
9789004185692 :
1384-1130 ; :
Available to subscribing member institutions only.
Ottoman law of war and peace : the Ottoman Empire and its tribute-payers from the north of the Danube /
:
Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
:
1 online resource. :
Includes bibliographical references (pages 411-458) and index. :
9789004411104
Family and the courts in modern Egypt : a study based on decisions by the sharīʻa courts, 1900-1955 /
: Revised version of the author's thesis (doctoral -- University of Jerusalem, 1991) originally in Hebrew under the title: The Muslim family in Egypt 1900-1955 : continuity and change. : xv, 262 pages ; 25 cm. : Includes bibliographical references (pages [240]-249) and index.
Debating the Law, Creating Gender : Sharia and Lawmaking in Palestine, 2012-2018 /
:
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing "law in the making" and the shifts in debates (2012-2018). In 2012, a ruling on khulʿ -divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to "harmonize" international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
:
1 online resource. :
Includes bibliographical references and index. :
9789004442313
9789004442306
Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish /
:
This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa , custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās , court decisions, judicial circulars, biographical dictionaries and chronics. The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.
:
1 online resource. :
Includes bibliographical references (p. [231]-246) and index. :
9789047411307 :
1384-1130 ; :
Available to subscribing member institutions only.
The Capitulations and the Ottoman Legal System : Qadis, Consuls and Beratlıs in the 18th Century /
:
Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.
:
1 online resource. :
Includes bibliographical references and index. :
9789047406129
9789004140356
The Sanhuri Code, and the emergence of modern Arab civil law (1932 to 1949) /
:
Dr. 'Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī's chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.
:
1 online resource. :
Includes bibliographical references (p. [325]-330) and index. :
9789047422853 :
Available to subscribing member institutions only.
Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Çankırı and Kastamonu (1652-1744) /
:
This book studies the functions of Islamic courts within the framework of the late seventeenth- and early eighteenth-century Ottoman provincial administration, and explores the processes of adjudication and dispute resolution through a detailed juxtaposition of court records from two Anatolian towns, Çankırı and Kastamonu. In particular, it identifies the socio-economic backgrounds of the court clients, the kinds of issues that they brought to the courts, their strategies of litigation, and how disputes were resolved in the courts. This book also sheds light on the costs of court usage and reveals alternative sites for dispute resolution that existed independently of the courts. This study is particularly useful for the students of legal anthropology as it pays a special attention to the practice of law and the process of dispute resolution.
:
1 online resource. :
Includes bibliographical references and index. :
9789047401599
9789004126091
The Birth of a Legal Institution : The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse /
:
This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
:
1 online resource. :
Includes bibliographical references and index. :
9789047402213
9789004130296
Judiciary and Arbitration in Bahrain : A Historical and Analytical Study /
:
Although Bahrain has had an established system of law courts since 1771, it was only in the course of the twentieth century that it gradually developed a fully-fledged legal system compatible with international norms. Today, like the other Gulf states, its sophisticated judiciary represents a blend of Islamic Shari'a, British common law, and modern reforms drawn principally from Egypt's civil law-influenced trdition. In recent decades, arbitration has also taken its place as an important adjunct to the judiciary.
:
1 online resource. :
Includes bibliographical references and index. :
9789004480407
9789041122179
Law and division of power in the Crimean Khanate (1532-1774) : with special reference to the reign of Murad Giray (1678-1683) /
:
The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate's political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.
:
Based on author's thesis (doctoral - Uniwersytet Warszawski, 2010) issued under title: Law and division of power : a study on the reign of Murad Giray. :
1 online resource. :
Includes bibliographical references and index. :
9789004384323
Rendre la justice à Amid : procedures, acteurs et doctrines dans le contexte ottoman du XVIIIème siècle /
:
Dans son Rendre la justice à Amid , Yavuz Aykan analyse la vie juridique de la ville d'Amid, capitale de la province ottomane de Diyarbakir, au 18ème siècle. A partir des procès-verbaux des tribunaux des villes d'Amid, Harput et Mardin, il met en lumière la centralité du cadi, du gouverneur provincial (vali) et du mufti dans le champ opératoire de la loi. Retraçant la généalogie des textes utilisés par le mufti provincial, Aykan étudie aussi la circulation de diverses interprétations juridiques de la Grande Syrie à la Transoxiane et la Horde d'Or, et leur intégration dans la pratique juridique ottomane. Ce livre offre ainsi une approche renouvelée et historicisée des acteurs et hiérarchies de systèmes juridiques de ce cadre provincial. In Rendre la justice à Amid , Yavuz Aykan analyses the legal life of the city of Amid, the capital of Ottoman Diyarbekir province in the 18th century. Making use of court records from the cities of Amid, Harput and Mardin, he explores the centrality of the qadi, the provincial governor, and the provincial mufti to law enforcement. By tracing the genealogies of legal texts used by the mufti for fatwa production, Aykan maps out the broader transformations of various judicial interpretations in their journey from Greater Syria to Transoxiana and the Golden Horde, and finally into Ottoman legal praxis. As such, this book offers a far more historicized approach to the multiple actors and hierarchies of juridical systems operating in this provincial setting.
:
1 online resource. :
Includes bibliographical references and index. :
9789004305793 :
Available to subscribing member institutions only.