Islamic law in past and present /
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Islamic Law in Past and Present , written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and 'law in action' are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
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1 online resource (xviii, 658 pages) :
Includes bibliographical references (p. 557-615) and index. :
9789004281806 :
1389-823X ; :
Available to subscribing member institutions only.
Virtues of the Flesh - Passion and Purity in Early Islamic Jurisprudence /
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Robust sexuality, profound spirituality and elaborate legalism are, at first glance, strange bedfellows. The conventional Western wisdom has long conceived of these several modes as comprising an antagonistic trichotomy, in which each component is opposed to the others. Classical Islam, on the other hand, envisioned a unique system of cooperation between the sensual, the ethereal and the forensic. This study employs the vast and hitherto neglected literature of Islamic purity law as a looking glass through which to examine early Muslim attitudes to the romantic and erotic. Probing Qur'ān, Ḥadīth, Tafsīr and Fiqh, it opens a window on a world of unexpectedly explicit and unrestrainedly joyful sexual expression -- a world located squarely within the confines of God's sacred law and its elucidation.
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1 online resource. :
Includes bibliographical references and index. :
9789047406235
9789004140707
Wahhabi Islam facing the challenges of modernity : Dar al-Ifta in the modern Saudi state /
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This book focuses on the history and work of the Saudi Dār al-Iftā, one of the most central modern Islamic official religious institutions. The study was undertaken from two perspectives: (1) Dār al-Iftā creation, power structure, functions and the sociopolitical environment in which it operates; and (2) The actual work of this institution, mainly the mechanisms by which modern Saudi state muftis cope with clashes between Wahhābī idealism and the reality of an evolving society. This is a critical work which updates the readers' grasp of contemporary law and society in the modern Saudi state, in particular, and in Islamic jurisprudence in general.
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1 online resource. :
Includes bibliographical references (p. [189]-202) and index. :
9789004185708 :
1384-1130 ; :
Available to subscribing member institutions only.
Studies in Modern Islamic Law and Jurisprudence /
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This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
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1 online resource. :
Includes bibliographical references and index. :
9789004480704
9789041116604
Law and the Islamization of Morocco under the Almoravids : the Fatwās of Ibn Rushd al-Jadd to the far Maghrib /
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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
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Based on author's thesis (doctoral - Yale University, 2009) issued under title: The Fatwas of Ibn Rushd al-Jadd to the Far Maghrib. :
1 online resource (viii, 207 pages) :
Includes bibliographical references (p. 192-202) and index. :
9789004279841 :
1877-9808 ; :
Available to subscribing member institutions only.
State Law as Islamic Law in Modern Egypt : The Incorporation of the Sharīʿa into Egyptian Constitutional Law /
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This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt's constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa-one that permits the Court to argue that sharī'a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court's theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
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1 online resource. :
Includes bibliographical references and index. :
9789047404729
9789004135949
Locating the Sharīʿa : Legal Fluidity in Theory, History and Practice /
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The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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1 online resource. :
Includes bibliographical references and index. :
9789004391710 :
Available to subscribing member institutions only.
Minority religions under Irish law : Islam in national and international context /
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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
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1 online resource. :
Includes bibliographical references and index. :
9789004398252
Sharīʻa and the Islamic state in 19th-century sudan : the Mahdi's legal methodology and doctrine /
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The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and "Righteous Caliphs" in Medina. As the "Successor of the Prophet", the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and "traditions" attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna , and inspiration ( ilhām ) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his "legislation" as an instrument to promote his political, social and moralistic agenda.
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1 online resource. :
Includes bibliographical references and index. :
9789004313996 :
Available to subscribing member institutions only.
Islamic leadership in the European lands of the former Ottoman and Russian Empires : legacy, challenges and change /
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In Islamic Leadership in the European Lands of the Former Ottoman and Russian Empires the history and contemporary development of Islamic leadership in over a dozen of Eastern European countries is analysed. The studies are presented through a double prism: the institutional structures of the Muslim communities and the place of the muftiates in the current national constellations on one hand, and the dimension of the spiritual guidance emanating from the muftiates on the other. The latter includes aspects such as the muftiates' powers and role in supervision of mosques and other religious institutions, production, dissemination and control of religious knowledge and discussions on traditional and non-traditional forms of Islam engaged in by the muftiates. This is the first comprehensive edited volume on the subject. Contributors are: Srđan Barišić, Ayder Bulatov, Marko Hadjdinjak, Olsi Jazexhi, Memli Sh. Krasniqi, Armend Mehmeti, Dino Mujadžević, Agata S. Nalborczyk, Egdūnas Račius, Aziz Nazmi Shakir, Vitalii Shchepanskyi, Jakob Skovgaard-Petersen, Daša Slabčanka, Aid Smajić, Irina Vainovski-Mihai, Mykhaylo Yakubovych, and Galina Yemelianova.
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Includes index. :
1 online resource. :
9789004352681 :
Available to subscribing member institutions only.
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
Early Islamic law in Basra in the 2nd/8th century : Aqwāl Qatāda born Diʻāma al-Sadūsī /
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The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda born Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir born Zayd (d. 93/ 711) have been transmitted through ʿAmr born Harim and ʿAmr born Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir , instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
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1 online resource (516 pages) :
Includes bibliographical references and indexes. :
9789004339538 :
0929-2403 ; :
Available to subscribing member institutions only.
The Epistle of the eloquent clarification concerning the refutation of Ibn Qutayba /
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This is an edition of an early Shiite/Fatimid Arabic epistle that includes a controversy pertaining to several issues on Islamic law. Al-Qadi al-Nu'man (d. 363/974), the most famoust jurist of the early Fatimid period refutes the illustious Ibn Qutayba (d. 276/889). In his book Adab al-Katib, Ibn Qutayba claimed that it was enough for civil servants (kuttab) to memorize a few legal formulas in order to be able to effectively do their work without the need of long dissertations on law from jurists. In the introduction to his epistle, al-Nu'man claims that without these dissertations the civil servants would not be able to apply the law correctly. Following this, al-Nu'man launches lengthy dissertations on each one of the succinct formulas listed by Ibn Qutayba. The main argument of al-Nu'man is that the only lawgivers in Islam are the prophet Muhammad and the Imams descendents of Ali (until the seventh Imam).
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1 online resource (22, 175 pages) :
Includes bibliographical references and index. :
9789004216662 :
Available to subscribing member institutions only.