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Published 2001
Christianity under Islam in Jerusalem : The Question of the Holy Sites in Early Ottoman Times /

: A major issue in nineteenth-century world politics, the question of Christianity's holiest shrines in Jerusalem is covered by a large body of literature. Most of this scholarship, however, concentrates on the period when the question of the Holy Sites has already evolved from a domestic Ottoman problem into an all-European issue. Much less is known about this problem in earlier times, when the Ottoman Empire was still a dominant power able to propose solutions free of foreign interference and outside pressures. Based on official Ottoman records found in the registers of the kadi's court in Jerusalem as well as the Prime Ministry's Archives in Istanbul, the present study offers a thorough treatment of Ottoman policy with respect to the Holy Sites during the first two centuries of Ottoman rule in Jerusalem. It focuses on three principal issues: (a) The legal status of the Holy Sites under Ottoman rule; (b) The Ottoman state and the inter-church struggle over the Holy Sites; (c) The Holy Sites as a source of income to the Ottoman state. The discussion of these issues sheds new light on one of the most obscure and controversial chapters in the history of Christianity under Islam in Jerusalem.
: 1 online resource. : Includes bibliographical references and index. : 9789047400806
9789004120426

Published 2014
Dilemmas of attachment : identity and belonging among Palestinian Christians /

: This book offers an ethnographic account of contemporary Christian Palestinian lives in the Occupied Palestinian Territories. Through individual life stories, Bård Kårtveit shows how Christians in the District of Bethlehem strive to live meaningful lives. Lives which are shaped by Christian-Muslim relations within the national community, the impact of Israeli presence in the Palestinian Territories, migration and homeland-diaspora relationships, and which are heavily influenced by changes in their local community and traditional family structures. By situating these stories in the changing political contexts of Palestine, from late Ottoman to Israeli/Palestinian Authority rule, the author engages with these general processes of patriarchal resistance to social change; the role of minorities in nation-building processes; the impact of Western interventions in the region; the rise of political Islam; and the impact of emigration in the Arab World.
: 1 online resource. : Includes bibliographical references and index. : 9789004276390 : 1385-3376 ; : Available to subscribing member institutions only.

Published 2000
Beyond the Code : Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank /

: Legal issues of personal status - including those implicating women's rights - continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world. This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions - as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.
: 1 online resource. : Includes bibliographical references and index. : 9789004480698
9789041188595

Published 2014
Ḍawʼ al-sârî li-maʻrifat ḫabar Tamîm al-Dârî =(On Tamim al-Dari and his waqf in Hebron) : critical edition, annotated translation and introduction /

: The present book investigates three short late Mamluk treatises about land properties (waqf) in the Palestinian city of Hebron, which the prophet Muhammad granted to Tamīm al-Darī. The treatise entitled Ḍawʾ al-sārī li-maʿrifat ḫabar Tamīm al-Dārī by al-Maqrīzī (d. 845/1442) is the core of the book. It is edited here for the first time on the sole basis of the copy corrected by the author. A facsimile of the manuscript is also provided at the end of the book. In order to illuminate the discourse on property rights and donation that prevailed in the Mamluk period and al-Maqrīzī's position, two additional treatises dealing with the same issue are included. The first is al-Ǧawāb al-ǧalīl ʿan ḥukm balad al-Ḫalīl by Ibn Ḥaǧar al-ʿAsqalānī (d. 852/1448). The second is al-Faḍl al-ʿamīm fī iqṭāʿ Tamīm by al-Suyūṭī (911/1505). The three texts are fully translated and annotated and preceded by a thorough introduction.
: 1 online resource. : Includes bibliographical references and index. : 9789004261426