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Beyond the Code : Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank /
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Legal issues of personal status - including those implicating women's rights - continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world. This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions - as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.
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1 online resource. :
Includes bibliographical references and index. :
9789004480698
9789041188595
Sharḥ al-arbaʿīn /
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In the history of Islamic literature, the 'Forty Traditions' genre goes back as far as the 3th/9th century at least and exists in all of Islam's major and minor languages. It finds its origin in the tradition saying that whoever commits forty traditions to memory will be reckoned among the jurists on Resurrection Day. Collections vary, from a simple listing of the basic teachings of Islam to more dedicated works around some specific theme, in either case with or without a commentary. Qāḍī Saʿīd Qumī (d. after 1107/1696) is a Shīʿite philosopher, jurist, physician and mystic of the Safavid period. Having been trained by some of the foremost scholars of his time, he spent most of his active life in Qum, where he divided his time between his judgeship and teaching. The literary, mystical and philosophical explanations in the present, unfinished collection are all written from the viewpoint of the author's own, 'transcendent' metaphysics.
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1 online resource. :
9789004402157
9789646781344
Sharḥ al-Qabasāt /
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The Sharḥ al-Qabasāt is a commentary on Mīr Dāmād's (d. 1040/1630-31) last and famous philosophical work al-Qabasāt , short for Qabasāt ḥaqq al-yaqīn fī ḥudūth al-ʿālam . Founder of the so-called Ḥikmat-i Yamānī approach in philosophy, Mīr Dāmād is one of the prominent representatives of a group of thinkers that is usually referred to as the 'School of Isfahan'. The author of the commentary, Sayyid Aḥmad ʿAlawī al-ʿĀmilī (d. 1054-60/1644-1650), was a son-in-law and former student of Mīr Dāmād, as well as of Shaykh Bahāʾ al-Dīn ʿĀmilī (d. 1030/1621). With around fifty titles to his name in various disciplines, rational and traditional sciences alike, Sayyid Aḥmad wrote the commentary at the request of Mīr Dāmād himself, but only completed it when the latter had passed away. A collection of glosses rather than a running commentary, this Arabic work bears testimony to the commentator's extensive knowledge of the entire Islamic philosophical tradition.
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1 online resource. :
9789004395411
9789645552051