Islamic legal thought : a compendium of Muslim jurists /
:
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.
:
1 online resource (xv, 590 pages) :
Includes bibliographical references (p. 533-561) and indexes. :
9789004255883 :
1384-1130 ; :
Available to subscribing member institutions only.
Anthropology of law in Muslim Sudan. Land, courts and the plurality of practices /
:
Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE ( Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques ), funded by the French ANR ( Agence National de la Recherche ) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on "legal practices" to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
:
1 online resource (xxvii, 315 pages) :
9789004362185 :
Available to subscribing member institutions only.
Islamic Law and Legal System : Studies of Saudi Arabia /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789047400165
9789004110625
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.
Sacred Law in the Holy City : The Khedival Challenge to the Ottomans as seen from Jerusalem, 1829-1841 /
:
The Muslim community's political and socio-economic role in Jerusalem under Ottoman administration during the 1830s is analyzed in this volume from a natural law perspective. A bitter political contest between Sultan Mahmud II and Muhammad Ali Pasha resulted in the military occupation of Syria and imposition of a brutal new political and legal regime which crushed the indigenous elites of southern Syria. Through a careful analysis of the archives of the Islamic law court of Jerusalem, the study offers a fresh appraisal of how the Ottoman Empire ruled Jerusalem and considers the Muslim response, elucidating the reasons for the breakdown of their relations with non-Muslim Ottoman subjects and differentiating the Ottoman understanding of law and government from that of their enemies, the Wahhabis.
:
Originally presented as the author's thesis (doctoral)--University of Chicago, 1993. :
1 online resource. :
Includes bibliographical references and index. :
9789047405207
9789004138100
The Origins of Islamic Jurisprudence : Meccan Fiqh before the Classical Schools /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789004491533
9789004121317
Studies in Islamic Legal Theory /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789047400851
9789004120662
Wahhabi Islam facing the challenges of modernity : Dar al-Ifta in the modern Saudi state /
:
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.
:
1 online resource. :
Includes bibliographical references (p. [189]-202) and index. :
9789004185708 :
1384-1130 ; :
Available to subscribing member institutions only.
Legal documents from the Judean desert the impact of the Sharīʻa on Bedouin customary law /
:
This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
:
1 online resource. :
Includes bibliographical references (p. [551]-556) and indexes. :
9789004185715 :
Available to subscribing member institutions only.
Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom /
:
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.
:
1 online resource (x, 202 pages) :
Includes bibliographical references (p. 175-199) and index. :
9789004284531 :
1384-1130 ; :
Available to subscribing member institutions only.
Governing the galleys : jurisdiction, justice, and trade in the squadrons of the hispanic monarchy (sixteenth-seventeenth centuries) /
:
The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.
:
1 online resource. :
Includes bibliographical references and index. :
9789004413290
Sharia councils and Muslim women in Britain : rethinking the role of power and authority /
:
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space - holding in tension both the constraints of particular frameworks of power, and the realities of women's agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
:
1 online resource. :
Includes bibliographical references and index. :
9789004331365 :
Available to subscribing member institutions only.
Legal documents as sources for the history of Muslim societies : studies in honour of Rudolph Peters /
:
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
:
1 online resource. :
Includes bibliographical references and index. :
9789004343733 :
Available to subscribing member institutions only.
Women in classical Islamic law : a survey of the sources /
:
Drawing on legal and ḥadīth texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women's issues. All assumed a woman would marry and thus the book concentrates on women's family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qurʾān verses devoted to women's lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women's lives in and outside their homes. Throughout, jurists' opinions are juxtaposed with relevant quotations from contemporaneous ḥadīth collections.
:
1 online resource. :
Includes bibliographical references (p. [207]-212) and indexes. :
9789047427810 :
Available to subscribing member institutions only.
Privatisation and the Creation of a Market-Based Legal System : The Case of Egypt /
:
The creation of a legal infrastructure that suits the needs and potential of emerging economies is a conditio sine qua non for the long term success of a privatisation process. The purpose of this Volume is to examine and evaluate efforts of legal reform, through the analysis of legal changes in several areas of law, including securities regulation, competition law, the law on secured transactions and bankruptcy law. The study aims at assessing the overall difficulties affecting the creation of a market based legal system for emerging economies, and concludes by providing several recommendations and suggestions which are relevant to most countries and institutions engaged in the privatisation process.
:
1 online resource. :
Includes bibliographical references and index. :
9789047401513
9789004125803
Minor marriage in early Islamic law /
:
In Minor Marriage in Early Islamic Law , Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father's right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the "consensus writers" of later centuries, each chapter brings new insights into a complex and enduring debate.
:
1 online resource. :
Includes bibliographical references and index. :
9789004344860 :
Available to subscribing member institutions only.
Studies in the Aramaic legal papyri from Elephantine /
:
Long recognized as a brilliant cross-cultural study, Yochanan Muffs' work analyzes the legal formulary of the Aramaic papyri from Elephantine, at the first cataract of the Nile, where a Persian garrison comprised of Jewish soldiers and their families lived throughout most of the 5th century B.C.E. These documents are of exceptional importance for the study of ancient Near Eastern law, and Muffs has investigated their formative background through extensive references to cuneiform law, by a method he calls "the Assyriological approach". Virtually every aspect of law-sale of land, marriage and family law, loans and credit, the taking of oaths, and the granting of bequests is studied in great depth and with unusual clarity. Muffs' work has enjoyed renewed interest in the light of more recent discoveries of Aramaic legal documents from later periods, as in the Judean Desert.
:
1 online resource (xliv, 311 pages) :
Includes bibliographical references and index. :
9789004294233 :
Available to subscribing member institutions only.
A History of the Early Islamic Law of Property : Reconstructing the Legal Development, 7th-9th Centuries /
:
The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā. The analysis has two aims. First, it attempts to trace the process by which some hitherto unclarified institutions and transactions were elaborated to form an integral part of the classical Islamic law of property. The second aim to determine how and why the teachings of particular jurists became predominant in Iraq and Medina and laid the foundation of the Ḥanafī and the Mālikī schools of law in each respective region.
:
1 online resource. :
Includes bibliographical references and index. :
9789047413417
9789004138490
Rendre la justice à Amid : procedures, acteurs et doctrines dans le contexte ottoman du XVIIIème siècle /
:
Dans son Rendre la justice à Amid , Yavuz Aykan analyse la vie juridique de la ville d'Amid, capitale de la province ottomane de Diyarbakir, au 18ème siècle. A partir des procès-verbaux des tribunaux des villes d'Amid, Harput et Mardin, il met en lumière la centralité du cadi, du gouverneur provincial (vali) et du mufti dans le champ opératoire de la loi. Retraçant la généalogie des textes utilisés par le mufti provincial, Aykan étudie aussi la circulation de diverses interprétations juridiques de la Grande Syrie à la Transoxiane et la Horde d'Or, et leur intégration dans la pratique juridique ottomane. Ce livre offre ainsi une approche renouvelée et historicisée des acteurs et hiérarchies de systèmes juridiques de ce cadre provincial. In Rendre la justice à Amid , Yavuz Aykan analyses the legal life of the city of Amid, the capital of Ottoman Diyarbekir province in the 18th century. Making use of court records from the cities of Amid, Harput and Mardin, he explores the centrality of the qadi, the provincial governor, and the provincial mufti to law enforcement. By tracing the genealogies of legal texts used by the mufti for fatwa production, Aykan maps out the broader transformations of various judicial interpretations in their journey from Greater Syria to Transoxiana and the Golden Horde, and finally into Ottoman legal praxis. As such, this book offers a far more historicized approach to the multiple actors and hierarchies of juridical systems operating in this provincial setting.
:
1 online resource. :
Includes bibliographical references and index. :
9789004305793 :
Available to subscribing member institutions only.
Dar al-Islam revisited : territoriality in contemporary Islamic legal discourse on Muslims in the West /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789004364578 :
Available to subscribing member institutions only.