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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.
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, 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.
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.
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.