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
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.
Visions of sharīʻa : contemporary discussions in Shi'i legal theory /
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In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh ) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa .
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Includes index.
"This collection of papers is the result of a two-day conference held in August 2015 in St Aidan's College at Durham University, organised jointly by the Al-Mahdi Institute in Birmingham and Durham's research group Islam, Law and Modernity (ILM)." --ECIP preface. :
1 online resource. :
9789004413948
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
ʻAjāʼib al-āthār fī al-tarājim wa-al-akhbār /
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"ʻAn ṭabʻat Būlāq."
At head of title : al-Hayʼah al-ʻĀmmah li-Dār al-Kutub wa-al-Wathāʼiq al-Qawmīyah, Markaz Wathāʼiq wa-Tārīkh Miṣr al-Muʻāṣir." :
186, 39 pages : illustrations, map ; 24 cm
volume <1-7> ; 28 cm :
Includes bibliographical references and indexes.
Includes bibliographical references.
ʻAjāʼib al-āthār fī al-tarājim wa-al-akhbār /
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"ʻAn ṭabʻat Būlāq."
At head of title: al-Hayʼah al-ʻĀmmah li-Dār al-Kutub wa-al-Wathāʼiq al-Qawmīyah, Markaz Wathāʼiq wa-Tārīkh Miṣr al-Muʻāṣir.
Raqam al-īdāʻ bi-Dār al-Kutub: 10205/1997. :
4 v. ; 28 cm. :
Includes bibliographical references and indexes. :
9771800752
9789771800750
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
Fihris ʻAjāʼib al-āthār fī al-tarājim wa-al-akhbār : ʻan al-naskhah al-maṭbūʻah fī 4 ajzāʼ fī Maṭbaʻat Būlāq sanat 1297 H. /
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At head of title : Jamʻīyah al-Miṣrīyah lil-Dirāsāt al Tarīkhīyah.
Introduction in French.
Title on added title page : Index de Djabarti Merveilles biographiques et historiques. :
299 pages ; 24 cm.
Fihris ʻAjāʼib al-āthār fī al-tarājim wa-al-akhbār : ʻan al-nuskhah al-matḅūʻah fī 4 ajzāʼ fī Matḅaʻat Būlāq sanat 1297 H. /
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title on Adedd t.p: Index de Djabarti, Merveilles biographiques et historiques.
At head of title: al-Jamʻīyah al-Misṛīyah lil-Dirāsāt al-Tārīkhīyah. :
299 p. ; 24 cm.
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
Sharia councils and Muslim women in Britain : rethinking the role of power and authority /
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The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space - holding in tension both the constraints of particular frameworks of power, and the realities of women's agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
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1 online resource. :
Includes bibliographical references and index. :
9789004331365 :
Available to subscribing member institutions only.
Majmūʿa-yi āthār-i Imāmiyah : Muntakhabātī az ʿUyūn-i akhbār-i Riḍā, Amāli-yi Shaykh-i Ṣaddūq, Ṣaḥīfat al-Riḍā /
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At first glance, the collection of traditions, notes and drafts published here is just like so many other personal documents from the library of the average medieval Muslim scholar. But on closer inspection, this codex dated 580/1185 is quite interesting. The manuscript is in two different hands, one part being by a certain Abū Naʿīm al-Naʿīmi al-Bayhaqī, and the other part by the equally unknown Abu ʼl-Ḥasan al-Bayāḍī. As is evident from two study certificates ( ijāza ) contained in this manuscript, Abu ʼl-Ḥasan was a student of Abū Naʿīm. Abū Naʿīm was a native of Bayhaq and Abu ʼl-Ḥasan of Rayy. The manuscript contains mainly excerpts from Ibn Bābawayh's (d. 381/991) Amālī and ʿUyūn akhbār al-Riḍā and traditions which Abū Naʿīm himself had collected in Khurāsān. As such it contains the oldest known fragments from the Amālī , besides being a rare witness of the early Imami teaching tradition in Khurāsān, more specifically in Bayhaq and Nishapur.
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1 online resource. :
9789004406483
9786002030948