DROIT MUSULMAN ET SOCIÉTÉ AU SAHARA PRÉMODERNE : la justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe-XIXe siècles.
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La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d'une analyse de recueils de fatwas inédits et d'autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L'ouvrage explore la diffusion d'institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l'interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l'application de la charia par les cadis et muftis locaux et s'interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l'écriture notariale et de la consultation juridique. Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?
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1 online resource (xiv, 304 pages) :
9789004341265 :
Available to subscribing member institutions only.
Shariʿa, Justice and Legal Order : Egyptian and Islamic Law: Selected Essays /
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In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book's historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
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1 online resource. :
9789004420625
9789004412514
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.
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
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
Sharia in Africa today : reactions and responses /
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Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in four African countries: in Sudan where total Sharīʿa was applied until recently; in Nigeria where the Northern states re-introduced Sharīʿa courts; in Kenya where the place of Islamic courts has been contested in constitutional debates; in Tanzania where Muslims are calling for the re-introduction of Islamic courts. Each chapter is based on research carried out by the authors, topics include: relations between Muslims and Christians; how Islamic law has impacted on women; new Islamic movements and the state. It is of importance to anyone interested in the impact of Sharīʿa in Africa today.
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1 online resource. :
Includes bibliographical references and index. :
9789004262126
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
Locating the Sharīʿa : Legal Fluidity in Theory, History and Practice /
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The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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1 online resource. :
Includes bibliographical references and index. :
9789004391710 :
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.
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.
Analysing Muslim traditions : studies in legal, exegetical and Maghazi hadith /
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Since its inception, the study of Ḥadīth conducted by scholars trained in the Western academic tradition has been marked by sharp methodological debates. A focal issue is the origin and development of traditions on the advent of Islam. Scholars' verdicts on these traditions have ranged from "late fabrications without any historical value for the time concerning which the narrations purport to give information" to "early, accurately transmitted texts that allow one to reconstruct Islamic origins". Starting from previous contributions to the debate, the studies collected in this volume show that, by careful analysis of their texts and chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability and their historicity assessed afresh.
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1 online resource. :
Includes bibliographical references (p. [467]-477) and index. :
9789004193314 :
Available to subscribing member institutions only.