Family and the courts in modern Egypt : a study based on decisions by the sharīʻa courts, 1900-1955 /
: Revised version of the author's thesis (doctoral -- University of Jerusalem, 1991) originally in Hebrew under the title: The Muslim family in Egypt 1900-1955 : continuity and change. : xv, 262 pages ; 25 cm. : Includes bibliographical references (pages [240]-249) and index.
The Capitulations and the Ottoman Legal System : Qadis, Consuls and Beratlıs in the 18th Century /
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Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.
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1 online resource. :
Includes bibliographical references and index. :
9789047406129
9789004140356
Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish /
:
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.
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
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
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
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
Studies in Islamic Legal Theory /
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This volume is unique as a collection of studies devoted entirely to topics and issues in the field of Islamic legal theory and authored by fourteen scholars known for their work in this field. The studies deal with such topics as early notions of charismatic authority, hermeneutic techniques in Shāfiʿī's Risālah , uses of the term sunnah in the ninth century A.H., evidence for the emergence of usūl al-fiqh as a genre of legal literature in the ninth century, the function of usūl al-fiqh in relation to legal practice, theological ramifications of issues in usūl al-fiqh , Shīʿī attitudes to qiyās , the structure of juristic authority within the madhhab , usūl al-fiqh as an instrument of reform, the place of qawāʿid within Islamic legal theory. These studies are followed by a discussion among the authors.
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1 online resource. :
Includes bibliographical references and index. :
9789047400851
9789004120662
A History of the Early Islamic Law of Property : Reconstructing the Legal Development, 7th-9th Centuries /
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The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā. The analysis has two aims. First, it attempts to trace the process by which some hitherto unclarified institutions and transactions were elaborated to form an integral part of the classical Islamic law of property. The second aim to determine how and why the teachings of particular jurists became predominant in Iraq and Medina and laid the foundation of the Ḥanafī and the Mālikī schools of law in each respective region.
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1 online resource. :
Includes bibliographical references and index. :
9789047413417
9789004138490
Virtues of the Flesh - Passion and Purity in Early Islamic Jurisprudence /
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Robust sexuality, profound spirituality and elaborate legalism are, at first glance, strange bedfellows. The conventional Western wisdom has long conceived of these several modes as comprising an antagonistic trichotomy, in which each component is opposed to the others. Classical Islam, on the other hand, envisioned a unique system of cooperation between the sensual, the ethereal and the forensic. This study employs the vast and hitherto neglected literature of Islamic purity law as a looking glass through which to examine early Muslim attitudes to the romantic and erotic. Probing Qur'ān, Ḥadīth, Tafsīr and Fiqh, it opens a window on a world of unexpectedly explicit and unrestrainedly joyful sexual expression -- a world located squarely within the confines of God's sacred law and its elucidation.
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1 online resource. :
Includes bibliographical references and index. :
9789047406235
9789004140707
Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Çankırı and Kastamonu (1652-1744) /
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This book studies the functions of Islamic courts within the framework of the late seventeenth- and early eighteenth-century Ottoman provincial administration, and explores the processes of adjudication and dispute resolution through a detailed juxtaposition of court records from two Anatolian towns, Çankırı and Kastamonu. In particular, it identifies the socio-economic backgrounds of the court clients, the kinds of issues that they brought to the courts, their strategies of litigation, and how disputes were resolved in the courts. This book also sheds light on the costs of court usage and reveals alternative sites for dispute resolution that existed independently of the courts. This study is particularly useful for the students of legal anthropology as it pays a special attention to the practice of law and the process of dispute resolution.
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1 online resource. :
Includes bibliographical references and index. :
9789047401599
9789004126091
Dispensing Justice in Islam : Qadis and their Judgements /
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Dispensing Justice is designed to serve as a sourcebook of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history.
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1 online resource. :
Includes bibliographical references and index. :
9789047416722
9789004140677
The Birth of a Legal Institution : The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse /
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This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
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1 online resource. :
Includes bibliographical references and index. :
9789047402213
9789004130296
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
Negotiating Homosexuality in Islam : A Legal-hermeneutical Examination of Modern Shīʿī Discourse /
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To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imāmī legal debates. I have undertaken this research on the thesis that modern Imāmī legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shiʿi legal scholarship? Responding to this central query, the study is premised on the notion that Imāmī legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad . Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.
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1 online resource (370 pages) : illustrations. :
Includes bibliographical references and index. :
9789004697065
Dynamics of Tradition : Islamic Theology and Law in Relation /
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This book invites the reader to explore how Islamic theology and law have shaped, challenged, and inspired each other across centuries. What does it mean, for example, when a legal rule embodies theological debates on divine justice? We unpack questions like this by diving into the rich history and modern-day relevance of theology and legal theory in Islam, using rare manuscripts and new historical findings. The book's contributors offer fresh perspectives on how Islamic scholars tackled pressing social issues and adapted their thought to evolving contexts. This work stands out for its engaging examination of Islam's intellectual legacy and its potential pathways for today. Contributors are Mohammed Abdelrahem, Ahmad Atif Ahmad, Maha El-Kaisy, Mohammed Fadel, Ramon Harvey, Serdar Kurnaz, Abdul Rahman Mustafa, Najah Nadi and David Vishanoff.
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1 online resource (270 pages) : illustrations. :
Includes bibliographical references and index. :
9789004746886
Ottoman Provincial Society and the Waqf of Jerusalem, 1703-1831 /
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This book examines early modern Jerusalem's waqf system through an Ottoman provincial lens, analyzing how diverse social groups engaged with these endowments in judicial contexts. Conceptualizing waqf s-central to the city's socioeconomic fabric and urban identity-as an interconnected " waqf network", the research demonstrates the commodification of waqf offices among elites, and their enduring control over pious foundations. These processes reveal how provincial power structures mediated between imperial standards and local interests. Focusing on notable families who monopolized waqf -related privileges, the work reconstructs Jerusalemite society through multiple frameworks: imperial waqf policies, social hierarchies, notable-commoner relations, and intercommunal dynamics-positioning endowments as both economic assets and instruments of governance. Bu kitap, erken modern dönem Kudüs'ündeki vakıf sistemini Osmanlı taşra perspektifinden incelemekte ve çeşitli sosyal grupların bu vakıflarla hukuki bağlamda nasıl etkileşime girdiğini analiz etmektedir. Kentin sosyo-ekonomik dokusu ve kentsel kimlğinin merkezinde yer alan vakıfları birbiriyle bağlantılı bir "vakıf ağı" olarak kavramsallaştıran araştırma, seçkinler arasında vakıf görevlerinin metalaşması ve bu kesimin hayır kurumları üzerindeki kalıcı denetimlerini ortaya koymaktadır. Bu süreçler, taşradaki güç yapılarının imparatorluk standartlarıyla yerel menfaatler arasında nasıl aracılık ettiğini gözler önüne sermektedir. Vakıfla ilgili ayrıcalıkları tekelleştiren önemli ailelere odaklanan çalışma, Kudüs toplumunu çoklu çerçevelerle yeniden inşa etmektedir: imparatorluk vakıf politikaları, sosyal hiyerarşiler, seçkinler-halk ilişkileri ve cemaatler arası dinamikler. Böylece vakıflar, hem ekonomik varlıklar hem de yönetim araçları olarak konumlandırılmaktadır.
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1 online resource (550 pages) : illustrations. :
Includes bibliographical references and index. :
9789004743441
How muftis think : Islamic legal thought and Muslim women in Western Europe /
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In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women's duties and obedience, and one stressing women's rights and equality before the law. Focusing on muftis who see "the time and place" as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women's dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
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1 online resource. :
Includes bibliographical references and index. :
9789004367852 :
Available to subscribing member institutions only.