Speaking for Islam : religious authorities in Muslim societies /
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Who speaks for Islam? To whom do Muslims turn when they look for guidance? To what extent do individual scholars and preachers exert religious authority, and how can it be assessed? The upsurge of Islamism has lent new urgency to these questions, but they have deeper roots and a much longer history, and they certainly should not be considered in the light of present concerns only. The present volume - grown out of an international symposium at the Free University, Berlin in 2002 - is not so much concerned with religious authority , but with religious authorities , men and women claiming, projecting and exerting religious authority within a given context. It addresses issues such as the relationship of knowledge, conduct and charisma, the social functions of the schools of law and theology, and the efforts on the part of governments and rulers to organize religious scholars and to implement state-centred hierarchies. The volume focuses on Middle Eastern Muslim majority societies in the period from the eighteenth to the twentieth centuries, and the individual papers offer case studies elucidating important aspects of the wider phenomenon. Individually and collectively, they highlight the scope and variety of religious authorities in past and present Muslim societies. This book is also available in paperback .
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1 online resource. :
Includes bibliographical references and index. :
9789047408864 :
1385-3376 ; :
Available to subscribing member institutions only.
The lineaments of Islam : studies in honor of Fred McGraw Donner /
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In honor of Fred M. Donner's long and distinguished career as one of the foremost interpreters of early Islam, this volume collects more than a dozen original studies by his students. They range over a wide array of sub-fields in Islamic history and Islamic studies, including early history, historiography, Islamic law, religious studies, Qur'anic studies and Islamic archaeology. The book also includes a bibliography of Donner's works and a biographical sketch of sorts. Taken together, these essays are a clear testament to Donner's wide-ranging and continuing impact on the field. Contributors include: Sean W. Anthony, Jonathan A. C. Brown, David Cook, Vaness De Gifis, Asa Eger, Tracy Hoffman, Marion H. Katz, Kathryn M. Kueny, Shari Lowin, Jens Scheiner, Robert Schick, Stuart Sears, Elizabeth Urban, Tasha Vorderstrasse, Brannon Wheeler, and Hayrettin Yücesoy.
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Description based upon print version of record. :
1 online resource (506 pages) :
Includes bibliographical references and index. :
9789004231948 :
Available to subscribing member institutions only.
Islamic law in theory : studies on jurisprudence in honor of Bernard Weiss /
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
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1 online resource. :
Includes bibliographical references and index. :
9789004265196
Islam and the limits of the state : reconfigurations of practice, community and authority in contemporary Aceh /
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This book examines the relationship between the state state implementation of Shariʿa and diverse lived realities of everyday Islam in contemporary Aceh, Indonesia. With chapters covering topics ranging from NGOs and diaspora politics to female ulama and punk rockers, the volume opens new perspectives on the complexity of Muslim discourse and practice in a society that has experienced tremendous changes since the 2004 Indian Ocean tsunami. These detailed accounts of and critical reflections on how different groups in Acehnese society negotiate their experiences and understandings of Islam highlight the complexity of the ways in which the state is both a formative and a limited force with regard to religious and social transformation. Contributors are: Dina Afrianty, R. Michael Feener, Kristina Groβmann, Reza Idria, David Kloos, Antje Missbach, Benjamin Otto, Jan-Michiel Otto, Annemarie Samuels and Eka Srimulyani.
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1 online resource. :
Includes bibliographical references and index. :
9789004304864 :
Available to subscribing member institutions only.
The Islamic scholarly tradition studies in history, law, and thought in honor of Professor Michael Allan Cook /
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The volume contains highly original articles on Islamic history, law, and thought, each either proposing new hypotheses or readjusting existing ones. The contributions range from studies in the formulation of the pre-Islamic Arabian calendar to notes on the \'blood-money group\' in Islamic law, and to transformations in Arabic logic in the post-Avicennan period. Prepared by former students of Michael A. Cook, to whom this volume is dedicated, these studies not only shed new light on the development of the Islamic scholarly tradition from various perspectives, but together they also represent the honoree's vast, profound, and continuing impact on the field. This collection of highly empirical articles is intended for scholars and students specializing in various subfields within Islamic Studies.
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1 online resource. :
Includes bibliographical references and index. :
9789004214743
Islamic legal thought : a compendium of Muslim jurists /
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In Islamic Legal Thought: A Compendium of Muslim Jurists , twenty-three scholars each contribute a chapter on a distinguished Muslim jurist. The volume is organized chronologically and it includes jurists who represent the formative, classical and modern periods of Islamic legal thought. Each chapter contains both a biography of an individual jurist and a translated sample of his work. The biographies emphasize the scholarly milieu in which the jurist worked-his teachers, colleagues and pupils, as well as the type of juridical thinking for which he is best known. The translated sample highlights the contribution of each jurist to the evolution of both the method and the methodology of Islamic jurisprudence. The introduction by the volume's three editors, Oussama Arabi, David S. Powers and Susan A. Spectorsky, provides a concise overview of the contents. Contributors include: Oussama Arabi, Murteza Bedir, Jonathan E. Brockopp, Robert Gleave, Camilo Gómez-Rivas, Mahmoud O. Haddad, Peter C. Hennigan, Colin Imber, Samir Kaddouri, Aharon Layish, Joseph E. Lowry, Muhammad Khalid Masud, Ebrahim Moosa, David S. Powers, Yossef Rapoport, Delfina Serrano Ruano, Susan A. Spectorsky, Devin J. Stewart, Osman Tastan, Etty Terem, Nurit Tsafrir, Bernard G. Weiss, Hiroyuki Yanagihashi.
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1 online resource (xv, 590 pages) :
Includes bibliographical references (p. 533-561) and indexes. :
9789004255883 :
1384-1130 ; :
Available to subscribing member institutions only.
The Origins of Islamic Jurisprudence : Meccan Fiqh before the Classical Schools /
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The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht's famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.
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1 online resource. :
Includes bibliographical references and index. :
9789004491533
9789004121317
Intent in Islamic Law : Motive and Meaning in Medieval Sunnī Fiqh /
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This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari'a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.
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1 online resource. :
Includes bibliographical references and index. :
9789047416746
9789004145924
Early Islamic legal theory : the Risāla of Muḥammad ibn Idrīs al-Shāfiʻī /
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The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla , in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī's creative account of the law's architectonics, hermeneutical techniques, legal epistemology, relationship to kalām , and the role of consensus ( ijmāʿ ).
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1 online resource. :
Includes bibliographical references (p. [387]-399) and indexes. :
9789047423898 :
Available to subscribing member institutions only.
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.
Islamic Law and Legal System : Studies of Saudi Arabia /
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Based on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practice, and institutions, correcting for past scholarly neglect of Islamic law's application. The book develops a framework of concepts, rooted in both Islamic and western legal theory, useful for the comparative description and analysis of Islamic legal systems and applications, past and present.
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1 online resource. :
Includes bibliographical references and index. :
9789047400165
9789004110625
Studies in Islamic Legal Theory /
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This volume is unique as a collection of studies devoted entirely to topics and issues in the field of Islamic legal theory and authored by fourteen scholars known for their work in this field. The studies deal with such topics as early notions of charismatic authority, hermeneutic techniques in Shāfiʿī's Risālah , uses of the term sunnah in the ninth century A.H., evidence for the emergence of usūl al-fiqh as a genre of legal literature in the ninth century, the function of usūl al-fiqh in relation to legal practice, theological ramifications of issues in usūl al-fiqh , Shīʿī attitudes to qiyās , the structure of juristic authority within the madhhab , usūl al-fiqh as an instrument of reform, the place of qawāʿid within Islamic legal theory. These studies are followed by a discussion among the authors.
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1 online resource. :
Includes bibliographical references and index. :
9789047400851
9789004120662
Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom /
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The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In Islamic Law and the Crisis of the Reconquista , Alan Verskin examines the way in which the Iberian school of Mālikī law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims.
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1 online resource (x, 202 pages) :
Includes bibliographical references (p. 175-199) and index. :
9789004284531 :
1384-1130 ; :
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.
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.