The codification of Islamic criminal law in the Sudan. Penal codes and Supreme Court case law under Numayri and al-Bashir /
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In The Codification of Islamic Criminal Law in the Sudan , Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā , liwāṭ ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf ), highway robbery ( ḥirāba ), apostasy ( ridda ), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. \'This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach.\' Prof. Günter Meyer, Johannes Gutenberg University Mainz
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1 online resource (450 pages) :
Includes bibliographical references and index. :
9789004357082 :
Available to subscribing member institutions only.
Waqf in Zaydi Yemen : legal theory, codification, and local practice /
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Islamic foundations ( waqf , pl. awqāf ) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh , codification, individual waqf cases, and everyday waqf -related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwā s, and waqf documents, mostly from Zaydī, northern Yemen.
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1 online resource. :
9789004377844 :
Available to subscribing member institutions only.
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
Minority religions under Irish law : Islam in national and international context /
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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
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1 online resource. :
Includes bibliographical references and index. :
9789004398252
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.
Sharīʿa and Custom in Libyan Tribal Society : An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra /
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This volume presents annotated English translations of 72 court decisions handed down by the the Sharīʿa Courts of Adjābiya and Kufra roughly during the period 1930-1970; the original texts (facsimiles and edited documents) appeared in A.Layish, Legal Documents on Libyan Tribal Society in Process of Sedentarization (Wiesbaden, 1998). The documents address personal status, succession, homicide and bodily injury, property, obligation, and attest to the interaction between the sharīʿa representing normative Islam, and tribal customary law, representing social reality in Cyrenaica during the aforementioned period. They also exemplify the qadi 's role of bringing a Bedouin society within the orbit of normative Islam. A.Borg's essay Orality, Languages, and Culture in Arabic Juridical Discourse addresses cultural aspects of orality on the language of these documents. The study is intended for Orientalists, Islamologists, legal and social historians, social scientists, and lawyers interested in Islamic and comparative law.
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1 online resource. :
Includes bibliographical references and index. :
9789047406266
9789004140820
The Ẓāhirī Madhhab (3rd/9th-10th/16th century) : a textualist theory of Islamic law /
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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab . Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra'y than to the Ahl al-Ḥadīth . Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab , which never actually developed into a full-fledged school of law. By examining the meaning of ' ẓāhir ' and modern scholarship on 'literalism', he challenges the view that Ẓāhirism was literalist, proposing 'textualism' as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
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Revised version of the author's doctoral thesis--Princeton University, 2010. :
1 online resource. :
Includes bibliographical references and index. :
9789004279650 :
Available to subscribing member institutions only.
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.
Sharīʻa and the Islamic state in 19th-century sudan : the Mahdi's legal methodology and doctrine /
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The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and "Righteous Caliphs" in Medina. As the "Successor of the Prophet", the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and "traditions" attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna , and inspiration ( ilhām ) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his "legislation" as an instrument to promote his political, social and moralistic agenda.
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1 online resource. :
Includes bibliographical references and index. :
9789004313996 :
Available to subscribing member institutions only.
Studies in Modern Islamic Law and Jurisprudence /
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This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
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1 online resource. :
Includes bibliographical references and index. :
9789004480704
9789041116604
Sprachphilosophie in der islamischen Rechtstheorie : Zur avicennischen Klassifikation der Bezeichnung bei Faḫr ad-dīn ar-Rāzī (gest. 1210) /
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In Sprachphilosophie in der islamischen Rechtstheorie untersucht Nora Kalbarczyk das bedeutende rechtstheoretische Werk al-Maḥṣūl fī ʿilm uṣūl al-fiqh von Faḫr ad-dīn ar-Rāzī (gest. 1210). Anhand einer detaillierten Analyse der sprachtheoretischen Abhandlung dieses Werks beleuchtet sie den Einfluss der philosophischen Tradition auf die islamische Rechtstheorie ( uṣūl al-fiqh ) in der sogenannten post-avicennischen Ära (11.-14 Jh.). Im Zentrum steht dabei eine Klassifikation der Bezeichnung ( dalāla ), die sich auf Ibn Sīnā (lat. Avicenna, gest. 1037) zurückführen lässt: Ein Wort kann eine Bedeutung auf dem Wege der Kongruenz ( muṭābaqa ), der Inklusion ( taḍammun ) oder der Implikation ( iltizām ) bezeichnen. Die Autorin zeigt auf, wie Faḫr ad-dīn ar-Rāzī auf der Grundlage der avicennischen Bezeichnungstheorie ein hermeneutisches Instrumentarium entwickelt, das nicht nur für die arabische Philosophie selbst relevant ist, sondern auch für verschiedene Fragestellungen der islamischen Rechtstheorie fruchtbar gemacht wird. In Sprachphilosophie in der islamischen Rechtstheorie Nora Kalbarczyk examines the influential jurisprudential work al-Maḥṣūl fī ʿilm uṣūl al-fiqh (d. 1210). By means of a detailed analysis of the linguistic treatise of this work she highlights the impact of the philosophical tradition on Islamic legal theory (uṣūl al-fiqh) in the so-called post-Avicennian era (11th-14th c.). Her main focus lies on a classification of signification ( dalāla ) that can be traced back to Ibn Sīnā (lat. Avicenna, d. 1037): a word may signify a meaning by way of congruence ( muṭābaqa ), containment ( taḍammun ) or implication ( iltizām ). The author shows how Faḫr ad-dīn ar-Rāzī develops - on the basis of the Avicennian theory of signification - a hermeneutic toolbox which is not only relevant in the context of Arabic philosophy but also useful for different questions of Islamic legal theory.
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1 online resource (250 pages) :
Includes bibliographical references and index. :
9789004366336 :
Available to subscribing member institutions only.
Law and the Islamization of Morocco under the Almoravids : the Fatwās of Ibn Rushd al-Jadd to the far Maghrib /
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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
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Based on author's thesis (doctoral - Yale University, 2009) issued under title: The Fatwas of Ibn Rushd al-Jadd to the Far Maghrib. :
1 online resource (viii, 207 pages) :
Includes bibliographical references (p. 192-202) and index. :
9789004279841 :
1877-9808 ; :
Available to subscribing member institutions only.
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.
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.
Early Islamic law in Basra in the 2nd/8th century : Aqwāl Qatāda born Diʻāma al-Sadūsī /
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The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda born Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir born Zayd (d. 93/ 711) have been transmitted through ʿAmr born Harim and ʿAmr born Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir , instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
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1 online resource (516 pages) :
Includes bibliographical references and indexes. :
9789004339538 :
0929-2403 ; :
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
Mālik and Medina : Islamic legal reasoning in the formative period /
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This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
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1 online resource (552 pages) :
Includes bibliographical references and index. :
9789004247888 :
Available to subscribing member institutions only.
State Law as Islamic Law in Modern Egypt : The Incorporation of the Sharīʿa into Egyptian Constitutional Law /
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This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt's constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa-one that permits the Court to argue that sharī'a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court's theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
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1 online resource. :
Includes bibliographical references and index. :
9789047404729
9789004135949
Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology /
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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.
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1 online resource (180 pages) : illustrations. :
Includes bibliographical references and index. :
9789004536814
9789004544000