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Judiciary and Arbitration in Bahrain : A Historical and Analytical Study /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789004480407
9789041122179
Women judges in the Muslim world : a comparative study of discourse and practice /
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Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa -derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that 'the woman judge' does not exist. Contributors are: Monique C. Cardinal, Jessica Carlisle, Monika Lindbekk, Rubya Mehdi, Valentine M. Moghadam, Najibah Mohd Zin, Euis Nurlaelawati, Arskal Salim, Nadia Sonneveld, Ulrike Schultz and Maaike Voorhoeve.
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1 online resource (xxii, 324 pages) : illustrations. :
Includes bibliographical references and index. :
9789004342200 :
1570-7628 ; :
Available to subscribing member institutions only.
The Birth of a Legal Institution : The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789047402213
9789004130296
Law and legal practice in Egypt from Alexander to the Arab conquest : a selection of papyrological sources in translation, with introductions and commentary /
: OCLC 864787940 : xxvii, 598 pages : illustrations, maps ; 24 cm. : Includes bibliographical references (pages 562-598). : 9780521874526
Sharīʿa and Custom in Libyan Tribal Society : An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra /
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This volume presents annotated English translations of 72 court decisions handed down by the the Sharīʿa Courts of Adjābiya and Kufra roughly during the period 1930-1970; the original texts (facsimiles and edited documents) appeared in A.Layish, Legal Documents on Libyan Tribal Society in Process of Sedentarization (Wiesbaden, 1998). The documents address personal status, succession, homicide and bodily injury, property, obligation, and attest to the interaction between the sharīʿa representing normative Islam, and tribal customary law, representing social reality in Cyrenaica during the aforementioned period. They also exemplify the qadi 's role of bringing a Bedouin society within the orbit of normative Islam. A.Borg's essay Orality, Languages, and Culture in Arabic Juridical Discourse addresses cultural aspects of orality on the language of these documents. The study is intended for Orientalists, Islamologists, legal and social historians, social scientists, and lawyers interested in Islamic and comparative law.
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1 online resource. :
Includes bibliographical references and index. :
9789047406266
9789004140820
Legal documents as sources for the history of Muslim societies : studies in honour of Rudolph Peters /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789004343733 :
Available to subscribing member institutions only.
How muftis think : Islamic legal thought and Muslim women in Western Europe /
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In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women's duties and obedience, and one stressing women's rights and equality before the law. Focusing on muftis who see "the time and place" as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women's dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
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1 online resource. :
Includes bibliographical references and index. :
9789004367852 :
Available to subscribing member institutions only.
Neo-Babylonian court procedure /
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Even though scholars have known of Neo-Babylonian legal texts almost since Assyriology's very beginnings, no comprehensive study of court procedure has been undertaken. This lack is particularly glaring in light of studies of court procedure in earlier periods of Mesopotamian history. With these studies as a model, this book begins by presenting a comprehensive classification of the text-types that made up the \'tablet trail\' of records of the adjudication of legal disputes in the Neo-Babylonian period. In presenting this text-typology, it considers the texts' legal function within the adjudicatory process. Based on this, the book describes the adjudicatory process as it is attested in private records as well as in records from the Eanna at Uruk. \'This study of textual typologies and adjudication processes will be of immense value to Assyriologists, biblical scholars and historians of law alike. This is without mentioning the wealth of social and economic insights evident in each case, let alone the valuable identification of Neo-Babylonian formulaic legal expressions.\' S. Jacobs "Overall, Holtz's work is replete with important data, insightful in its analysis and judicious in its interpretive decisions. It should serve not only as an important resource but also as a significant statement on the function of law and judicial procedure at an important time in Mesopotamian history." Bruce Wells, Saint Joseph's University
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1 online resource. :
Includes bibliographical references (p. [321]-328) and indexes. :
9789047428428 :
Available to subscribing member institutions only.
Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish /
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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.
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1 online resource. :
Includes bibliographical references (p. [231]-246) and index. :
9789047411307 :
1384-1130 ; :
Available to subscribing member institutions only.
Rethinking Islamic legal modernism : the teaching of Yusuf al-Qaradawi /
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In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
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1 online resource. :
Includes bibliographical references and index. :
9789004369542 :
Available to subscribing member institutions only.
Dar al-Islam revisited : territoriality in contemporary Islamic legal discourse on Muslims in the West /
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Where is dār al-islām , and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West , Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām , the "territory of Islam," dār al-ḥarb , the "territory of war," and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.
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1 online resource. :
Includes bibliographical references and index. :
9789004364578 :
Available to subscribing member institutions only.
Legal documents from the Judean desert the impact of the Sharīʻa on Bedouin customary law /
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This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
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1 online resource. :
Includes bibliographical references (p. [551]-556) and indexes. :
9789004185715 :
Available to subscribing member institutions only.
Inscribed Athenian laws and decrees in the age of Demosthenes /
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This book collects twelve papers which make original contributions to the historical interpretation of inscribed Athenian laws and decrees, with a core focus on significant historical shapes and patterns implicit in the corpus of the age of Demosthenes. Following a synthetic Introduction, two chapters analyse locations and selectivity of inscribing, four explore the implications of the inscriptions for Athenian policy and for developing attitudes to the past, three for aspects of Athenian democracy. The volume concludes with two studies of specific inscriptions. Some of the papers have appeared elsewhere in conference proceedings and Festschriften, some are published here for the first time. The volume complements the author's previous collection, Inscribed Athenian Laws and Decrees 352/1-322/1 BC: Epigraphical Essays .
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1 online resource. :
Includes bibliographical references and index. :
9789004352490 :
Available to subscribing member institutions only.
The divine courtroom in comparative perspective /
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Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
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Includes papers presented at a conference held "on February 5-6, 2012, the Leonard and Bea Diener Institute of Jewish Law and the Yeshiva University Center for Jewish Law and Contemporary Civilization, 'The Divine Courtroom,' at the Benjamin N. Cardozo School of Law." :
1 online resource (vi, 308 pages) :
Includes bibliographical references and index. :
9789004281646 :
0928-0731 ; :
Available to subscribing member institutions only.
Legal pluralism in Muslim contexts /
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Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
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1 online resource. :
Includes bibliographical references and index. :
9789004398269
Shariʿa, Justice and Legal Order : Egyptian and Islamic Law: Selected Essays /
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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.
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1 online resource. :
9789004420625
9789004412514
Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology /
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This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.
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1 online resource (180 pages) : illustrations. :
Includes bibliographical references and index. :
9789004536814
9789004544000
A Bibliography of Islamic Criminal Law /
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In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd , qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
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1 online resource. :
Includes bibliographical references and index. :
9789004472785
9789004447509