The relationship between Roman and local law in the Babatha and Salome Komaise archives : general analysis and three case studies on law of succession, guardianship, and marriage...
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The discovery of the Babatha archive provided scholars with unique opportunities for reconstructing the life of Jews in second-century Arabia. Although legal issues and especially the question of the relationship between Roman and local law have received attention in a number of publications, this study presents the first complete overview of the legal situation as presented in the Babatha as well as the Salome Komaise archive, using references to law in the documents' texts as the key element for understanding what law is applicable to these documents. By distinguishing between two levels in the papyri, of substantive and of formal law, a new understanding is reached of the part both Roman and local law played in legal reality.
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1 online resource. :
Includes bibliographical references and index. :
9789047421368 :
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.
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.
The Qur'an, morality and critical reason : the essential Muhammad Shahrur /
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This book presents the work and ideas of the Syrian writer Muhammad Shahrur to the English-speaking world. Shahrur is at the moment the most innovative intellectual thinker in the Arab Middle East. Often described as the 'Martin Luther of Islam,' he offers a liberal, progressive reading of Islam that aims to counter the influences of religious fundamentalism and radical politics. Shahrur's innovative interpretation of the Qur'an offers groundbreaking new ideas, based on his conviction that centuries of historical Islam, including scholarship in the traditional Islamic religious sciences, have obscured or even obliterated the Qur'an's progressive and revolutionary message. That message is one that has endured through each period of human history in which Islam has existed, encouraging Muslims to apply the most contemporary perspective available to interpret the Qur'an's meaning.
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1 online resource. :
Includes bibliographical references (p. [559]-570) and index. :
9789047424345 :
Available to subscribing member institutions only.
Religion, politics and law : philosophical reflections on the sources of normative order in society /
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Modern, liberal democracies in the West living under the rule of law and protection of human rights cannot articulate the very values from which they derive their legitimacy. These pre-political and pre-legal preconditions cannot be guaranteed, let alone be enforced by the state, but constitute nevertheless its moral and spiritual infrastructure. Until recently, a common background and horizon consisted in Christianity, but due to secularisation and globalisation, society has become increasingly multicultural and multireligious. The question can and should be raised how religion relates to these sources of normative order in society, how religion, politics and law relate to each other, and how social cohesion can be attained in society, given the growing varieties of religious experiences. In this book, a philosophical account of this question is carried out, on the one hand historically from Plato to the Enlightenment, on the other hand systematically and practically.
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1 online resource. :
Includes bibliographical references and indexes. :
9789047425380 :
Available to subscribing member institutions only.
Sermo iuris : Rechtssprache und Recht in der augusteischen Dichtung /
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Law played a key role in the workings of Roman culture, and legal discourse was important even in non-legal Latin literature. A proper understanding of that literature requires an investigation of the ways legal language is used. Nevertheless, legal elements have so far been widely neglected by scholars of Latin literature, in particular Augustan poetry. After an examination of legal language as a technical discourse and its role in Latin prose, the present book is devoted to a detailed analysis of legal language and imagery in the work of the Augustan poets. It will, therefore, allow for a better appreciation of these poems as well as of their significance for Augustan culture in the broad sense. In der römischen Kultur ist das Recht von zentraler Bedeutung, und Rechtsdiskurse spielen auch in der außerjuristischen Literatur eine prominente Rolle. Für das Verständnis der lateinischen Literatur ist die Betrachtung ihres Umgangs mit der Rechtssprache daher unerlässlich. Dennoch haben die rechtlichen Elemente in diesen Texten bislang kaum Beachtung gefunden. Dies gilt insbesondere für die augusteische Dichtung. Das vorliegende Buch geht zunächst der Frage nach, inwieweit die Rechtssprache von den Römern selbst als Fachsprache wahrgenommen wurde, und betrachtet ihre Verwendung im gemeinsprachlichen Kontext römischer Prosaschriften. Im Mittelpunkt steht die Analyse von Sprache und Bildwelt des Rechts in den Werken der augusteischen Dichter. Die Arbeit trägt damit zu einem besseren Verständnis dieser Gedichte und ihrer Bedeutung im Rahmen der augusteischen Kultur bei.
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1 online resource. :
Includes bibliographical references (p. [381]-401) and indexes. :
9789047429913 :
Available to subscribing member institutions only.
The Sanhuri Code, and the emergence of modern Arab civil law (1932 to 1949) /
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Dr. 'Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī's chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.
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1 online resource. :
Includes bibliographical references (p. [325]-330) and index. :
9789047422853 :
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.