Sacred Law in the Holy City : The Khedival Challenge to the Ottomans as seen from Jerusalem, 1829-1841 /
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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.
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Originally presented as the author's thesis (doctoral)--University of Chicago, 1993. :
1 online resource. :
Includes bibliographical references and index. :
9789047405207
9789004138100
Legal documents from the Judean desert the impact of the Sharīʻa on Bedouin customary law /
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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.
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1 online resource. :
Includes bibliographical references (p. [551]-556) and indexes. :
9789004185715 :
Available to subscribing member institutions only.
Debating the Law, Creating Gender : Sharia and Lawmaking in Palestine, 2012-2018 /
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In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing "law in the making" and the shifts in debates (2012-2018). In 2012, a ruling on khulʿ -divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to "harmonize" international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
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1 online resource. :
Includes bibliographical references and index. :
9789004442313
9789004442306