Islamic law on peasant usufruct in Ottoman Syria : 17th to early 19th century /
:
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.
:
1 online resource (210 pages) :
9789004228672 :
Available to subscribing member institutions only.
Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish /
:
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.
:
1 online resource. :
Includes bibliographical references (p. [231]-246) and index. :
9789047411307 :
1384-1130 ; :
Available to subscribing member institutions only.
Early Islamic legal theory : the Risāla of Muḥammad ibn Idrīs al-Shāfiʻī /
:
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 ).
:
1 online resource. :
Includes bibliographical references (p. [387]-399) and indexes. :
9789047423898 :
Available to subscribing member institutions only.
The Epistle of the eloquent clarification concerning the refutation of Ibn Qutayba /
:
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).
:
1 online resource (22, 175 pages) :
Includes bibliographical references and index. :
9789004216662 :
Available to subscribing member institutions only.
Islamic jurisprudence on the regulation of armed conflict : text and context /
:
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a "true" interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
:
1 online resource. :
Includes bibliographical references and index. :
9789004410626
The Ẓāhirīs : their doctrine and their history : a contribution to the history of Islamic theology /
:
Ignaz Goldziher wrote his book 'Die Zahiriten' in 1883. The English translation of this standard work on Islamic jurisprudence appeared in 1971. The book has been in print ever since. This new edition in the Brill Classics in Islam series shows that The Ẓāhirīs has not lost any of its actuality. The individual that adheres to the principles of madhhab al-Ẓāhir, the Islamic legal school, is called Ẓāhirī. Goldziher gives an extensive presentation of the Ẓāhirīte school, its doctrine and the position of its representatives within orthodox Islam. Ẓāhirism accepts only the facts clearly revealed by sensible, rational and linguistic intuitions, controlled and corroborated by Qurʾānic revelation. This history of Islamic theology sheds light on the Ẓāhirīte legal interpretation vis-à-vis other legal schools and gives an interesting insight in questions like 'are all prescriptions and prohibitions in Islamic law commanded or forbidden?'
:
1 online resource. :
Includes bibliographical references (p. [212]-216) and index. :
9789047423881 :
Available to subscribing member institutions only.
Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology /
:
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.
:
1 online resource (180 pages) : illustrations. :
Includes bibliographical references and index. :
9789004536814
9789004544000