Analysing Muslim traditions : studies in legal, exegetical and Maghazi hadith /
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Since its inception, the study of Ḥadīth conducted by scholars trained in the Western academic tradition has been marked by sharp methodological debates. A focal issue is the origin and development of traditions on the advent of Islam. Scholars' verdicts on these traditions have ranged from "late fabrications without any historical value for the time concerning which the narrations purport to give information" to "early, accurately transmitted texts that allow one to reconstruct Islamic origins". Starting from previous contributions to the debate, the studies collected in this volume show that, by careful analysis of their texts and chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability and their historicity assessed afresh.
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1 online resource. :
Includes bibliographical references (p. [467]-477) and index. :
9789004193314 :
Available to subscribing member institutions only.
Studies in Legal Hadith
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This book is dedicated to an analysis of seven groups of hadiths related to matters ranging from the rules concerning water used for ablution to those concerning the proof of facts in a qadi court. It has three main purposes. The first is to clarify the processes by which hadiths on a given topic were formed and developed by analyzing their isnāds and matns and by comparing them with expositions of positive law in legal manuals. Second, it seeks to explain why many hadiths exist in multiple variants and to detect the perception of traditionists about the revision of hadiths. The third purpose is to propose a methodology to estimate the extent to which traditionists accepted hadiths on a particular topic.
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1 online resource. :
Includes bibliographical references and index. :
9789004391093 :
Available to subscribing member institutions only.
Beyond the Code : Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789004480698
9789041188595
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.