Speaking for Islam : religious authorities in Muslim societies /
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Who speaks for Islam? To whom do Muslims turn when they look for guidance? To what extent do individual scholars and preachers exert religious authority, and how can it be assessed? The upsurge of Islamism has lent new urgency to these questions, but they have deeper roots and a much longer history, and they certainly should not be considered in the light of present concerns only. The present volume - grown out of an international symposium at the Free University, Berlin in 2002 - is not so much concerned with religious authority , but with religious authorities , men and women claiming, projecting and exerting religious authority within a given context. It addresses issues such as the relationship of knowledge, conduct and charisma, the social functions of the schools of law and theology, and the efforts on the part of governments and rulers to organize religious scholars and to implement state-centred hierarchies. The volume focuses on Middle Eastern Muslim majority societies in the period from the eighteenth to the twentieth centuries, and the individual papers offer case studies elucidating important aspects of the wider phenomenon. Individually and collectively, they highlight the scope and variety of religious authorities in past and present Muslim societies. This book is also available in paperback .
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1 online resource. :
Includes bibliographical references and index. :
9789047408864 :
1385-3376 ; :
Available to subscribing member institutions only.
Islamic leadership in the European lands of the former Ottoman and Russian Empires : legacy, challenges and change /
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In Islamic Leadership in the European Lands of the Former Ottoman and Russian Empires the history and contemporary development of Islamic leadership in over a dozen of Eastern European countries is analysed. The studies are presented through a double prism: the institutional structures of the Muslim communities and the place of the muftiates in the current national constellations on one hand, and the dimension of the spiritual guidance emanating from the muftiates on the other. The latter includes aspects such as the muftiates' powers and role in supervision of mosques and other religious institutions, production, dissemination and control of religious knowledge and discussions on traditional and non-traditional forms of Islam engaged in by the muftiates. This is the first comprehensive edited volume on the subject. Contributors are: Srđan Barišić, Ayder Bulatov, Marko Hadjdinjak, Olsi Jazexhi, Memli Sh. Krasniqi, Armend Mehmeti, Dino Mujadžević, Agata S. Nalborczyk, Egdūnas Račius, Aziz Nazmi Shakir, Vitalii Shchepanskyi, Jakob Skovgaard-Petersen, Daša Slabčanka, Aid Smajić, Irina Vainovski-Mihai, Mykhaylo Yakubovych, and Galina Yemelianova.
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Includes index. :
1 online resource. :
9789004352681 :
Available to subscribing member institutions only.
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
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.
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.
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.
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
The Epistle of the eloquent clarification concerning the refutation of Ibn Qutayba /
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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).
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1 online resource (22, 175 pages) :
Includes bibliographical references and index. :
9789004216662 :
Available to subscribing member institutions only.
Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri /
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In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition , Talal Al-Azem argues for the existence of a madhhab -law tradition' of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ ) by which one opinion is chosen as the binding precedent ( taqlīd ). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ , Al-Azem presents a new periodisation of the Ḥanafī madhhab , analyses the theory of rule formulation, and demonstrates how this madhhab -law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.
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1 online resource. :
Includes bibliographical references and index. :
9789004323292 :
Available to subscribing member institutions only.
The foundations of jurisprudence : an introduction to Imāmī Shīʿī legal theory /
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Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004311770 :
Available to subscribing member institutions only.
The lineaments of Islam : studies in honor of Fred McGraw Donner /
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In honor of Fred M. Donner's long and distinguished career as one of the foremost interpreters of early Islam, this volume collects more than a dozen original studies by his students. They range over a wide array of sub-fields in Islamic history and Islamic studies, including early history, historiography, Islamic law, religious studies, Qur'anic studies and Islamic archaeology. The book also includes a bibliography of Donner's works and a biographical sketch of sorts. Taken together, these essays are a clear testament to Donner's wide-ranging and continuing impact on the field. Contributors include: Sean W. Anthony, Jonathan A. C. Brown, David Cook, Vaness De Gifis, Asa Eger, Tracy Hoffman, Marion H. Katz, Kathryn M. Kueny, Shari Lowin, Jens Scheiner, Robert Schick, Stuart Sears, Elizabeth Urban, Tasha Vorderstrasse, Brannon Wheeler, and Hayrettin Yücesoy.
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Description based upon print version of record. :
1 online resource (506 pages) :
Includes bibliographical references and index. :
9789004231948 :
Available to subscribing member institutions only.
The Islamic scholarly tradition studies in history, law, and thought in honor of Professor Michael Allan Cook /
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The volume contains highly original articles on Islamic history, law, and thought, each either proposing new hypotheses or readjusting existing ones. The contributions range from studies in the formulation of the pre-Islamic Arabian calendar to notes on the \'blood-money group\' in Islamic law, and to transformations in Arabic logic in the post-Avicennan period. Prepared by former students of Michael A. Cook, to whom this volume is dedicated, these studies not only shed new light on the development of the Islamic scholarly tradition from various perspectives, but together they also represent the honoree's vast, profound, and continuing impact on the field. This collection of highly empirical articles is intended for scholars and students specializing in various subfields within Islamic Studies.
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1 online resource. :
Includes bibliographical references and index. :
9789004214743
The Ẓāhirīs : their doctrine and their history : a contribution to the history of Islamic theology /
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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?'
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1 online resource. :
Includes bibliographical references (p. [212]-216) and index. :
9789047423881 :
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.
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.