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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.
Scripturalist Islam : the history and doctrines of the Akhbārī Shīʻī school /
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The Akhbārī School dominated the intellectual landscape of Imāmī Shiʿism between the Seventeenth and early Nineteenth Centuries. Its principal doctrines involved a reliance on scripture (primarily the sayings or akhbār of the Shiʿite Imams) and a rejection of the rational exegetical techniques which had become orthodox doctrine in Imāmī theology and law. However, the Akhbārīs were not simple literalists, as they are at times portrayed in secondary literature. They developed a complex theory of exegesis in which texts could be interpreted, whilst at the same time remaining doggedly committed to the ability of the revelatory texts to provide answers to theological and legal questions arising within the Shīʿī community. This book is the first in-depth study of the intellectual development and historical influence of the Akhbārī School.
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1 online resource. :
Includes bibliographical references (p. [321]-333) and index. :
9789047421627 :
0169-8729 ; :
Available to subscribing member institutions only.
Mare Clausum: The Formation of the Law of the Sea in Pre-modern State Practice and Legal Doctrine (c. 1350-1650) /
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Who owns the sea? This book explores this timeless question by tracing the development of claims over the sea from the late Middle Ages to the early modern era, shedding light on the complex interplay between legal arguments, political interests, and geostrategic realities. By the time Hugo Grotius's Mare liberum (1609) famously championed the freedom of the seas, competing traditions of 'claimed seas' had already shaped European legal debates for centuries. Examining three macro-regions - the Mediterranean, the seas of Northern Europe, and the world oceans - this study challenges the dominant Grotius-centric narrative, offering a broader perspective on how political actors and jurists justified exclusive maritime rights long before John Selden's Mare clausum (1635). While assessing the Eurocentric foundations of the modern law of the sea, it reveals how historical legal arguments and notions continue to shape contemporary ocean governance.
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1 online resource (416 pages) : illustrations. :
Includes bibliographical references and index. :
9789004741409
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.
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.
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
Shifting Boundaries : A Global History of the Monroe Doctrine /
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This is a global history of the Monroe Doctrine through a Chinese lens. Delving deep into the evolution of the Monroe Doctrine's discourse and the spatial politics underpinning it, the book meticulously chronicles and dissects how the doctrine has been interpreted over time within the United States, and explores the diverse ways historical actors in Germany, Japan, and China adapted the Monroe Doctrine's discourse to suit their respective local spatial-political imperatives. In an era marked by the rise of multi-polarization, this work offers invaluable historical insights, enabling readers to better understand the complex dynamics between hegemony and autonomy.
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1 online resource (350 pages) : illustrations. :
Includes bibliographical references and index. :
9789004746237
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
Rendre la justice à Amid : procedures, acteurs et doctrines dans le contexte ottoman du XVIIIème siècle /
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Dans son Rendre la justice à Amid , Yavuz Aykan analyse la vie juridique de la ville d'Amid, capitale de la province ottomane de Diyarbakir, au 18ème siècle. A partir des procès-verbaux des tribunaux des villes d'Amid, Harput et Mardin, il met en lumière la centralité du cadi, du gouverneur provincial (vali) et du mufti dans le champ opératoire de la loi. Retraçant la généalogie des textes utilisés par le mufti provincial, Aykan étudie aussi la circulation de diverses interprétations juridiques de la Grande Syrie à la Transoxiane et la Horde d'Or, et leur intégration dans la pratique juridique ottomane. Ce livre offre ainsi une approche renouvelée et historicisée des acteurs et hiérarchies de systèmes juridiques de ce cadre provincial. In Rendre la justice à Amid , Yavuz Aykan analyses the legal life of the city of Amid, the capital of Ottoman Diyarbekir province in the 18th century. Making use of court records from the cities of Amid, Harput and Mardin, he explores the centrality of the qadi, the provincial governor, and the provincial mufti to law enforcement. By tracing the genealogies of legal texts used by the mufti for fatwa production, Aykan maps out the broader transformations of various judicial interpretations in their journey from Greater Syria to Transoxiana and the Golden Horde, and finally into Ottoman legal praxis. As such, this book offers a far more historicized approach to the multiple actors and hierarchies of juridical systems operating in this provincial setting.
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1 online resource. :
Includes bibliographical references and index. :
9789004305793 :
Available to subscribing member institutions only.
The quest for a common humanity human dignity and otherness in the religious traditions of the Mediterranean /
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The worldview that all human beings belong to one big family has, in the history of religions, never been taken for granted. Moreover, human rights are a modern notion that should not be projected back onto the sacred texts of Judaism, Christianity, and Islam. However, from the Hellenistic period onwards one encounters the idea of human duties towards not only parents, neighbours and fellow citizens but to all human beings. This volume explores the development of this idea from Antiquity to the present time focussing on the \'other\' as \'neighbour, enemy, and infidel\', on the interpretation of the Biblical story of Abraham´s sacrifice and on ancient and modern ethical and legal implications of the concept of human dignity.
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1 online resource. :
Includes bibliographical references and indexes. :
9789004211124
Costly Communion : Ecumenical Initiative and Sacramental Strife in the Anglican Communion /
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Costly Communion: Ecumenical Initiative and Sacramental Strife in the Anglican Communion seeks to engage with Anglicanism's theological responses to the onset of the twilight of empire and to explore the diversity of Anglican sacramental and ecumenical controversies during the twentieth century. From sacramental initiation and the doctrine of Eucharistic sacrifice to church order and the historic episcopate, Costly Communion offers insights into Anglo-Catholic and Evangelical attempts to resolve the divisions provoked by the impact of the Oxford Movement from the 1830s. In its engagement with sub-Saharan African contextualization of the Anglican, moreover, Costly Communion analyses the unanticipated threat that Anglican diversity now poses for the unity of the Anglican Communion. Contributors are: Jeff Boldt, Jeremy Bonner, Hugh Bowron, Mark Chapman, Colin Buchanan, Ken Farrimond, Joseph Galgalo, Benjamin Guyer, Charlotte Methuen, Thomas Mhuriro, Esther Mombo, Zablon Nthamburi, Kevin Ward.
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1 online resource. :
Includes bibliographical references and index. :
9789004388680 :
Available to subscribing member institutions only.
Sikh : Forms and Symbols /
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Distinguished by their typical headgear- uncut beard, robust health and enterprising spirit, the Sikhs are a virile and colourful small community. Though mainly concentrated in Panjab after the Partition of India in 1947, they are found in almost all parts of the country, and in different parts of the world. They have done very well for themselves both at home and abroad and have proven to be an adventurous and hard working migrant group. Their anxiety to maintain forms and symbols of their religious and cultural heritage in foreign lands has often resulted in serious debates and occasional conflicts with the host cultures. With the support of some friendly groups in the host countries, they have fought and won battles for preserving their symbols through peaceful and legal means. The issue of preserving hair and other symbols became a matter of serious concern when a Sikh friend from the United States addressed a letter to the Sikh intelligentsia in India. They responded with their scholarly essays which along with some later articles on the subject have been published in this volume for the benefit of the Sikh diaspora. It is a matter of happiness that the history of Sikh immigrants to North America has taken a full circle-from being disallowed to land on the Canadian soil in 1914, a century later they have become partners in running the government with their forms and symbols intact.
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1 online resource (200 pages) : illustrations. :
Includes bibliographical references and index. :
9789004752993
A history of Zoroastrianism /
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This volume traces the history of Zoroastrianism at times and places where its existence has previously been largely ignored, or treated only episodically. Literary, archaeological and numismatic evidence has been drawn on (some of it only recently brought to light), and local developments are distinguished. In Iran itself some 200 years of Macedonian rule had little effect on the national religion. To the east, Zoroastrianism survived in the Greco-Bactrian kingdoms and under Mauryan suzereinty, where it came into contact with Buddhism. In Eastern Mediterranean lands it was maintained by Iranian expatriates well down into Roman imperial times. They adopted Greek for their written tongue, and Zoroastrian doctrines thus became known in the Greco-Roman world. Study is made accordingly of Zoroastrian contributions to Hellenistic thought, and to Judaism, Christianity and Mithraism; and an excursus provides a thorough reassessment of the Zoroastrian pseudepigrapha.
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Vol. 3 written by Mary Boyce and Frantz Grenet, with a conritution by Roger Beck. :
1 online resource (xx, 596 pages) :
Includes bibliographical references and indexes. :
9789004293915 :
0169-9423 ; :
Available to subscribing member institutions only.
La restauration de la création : quelle place pour les animaux? : actes du colloque de l'ERCAM tenu à Strasbourg du 12 au 14 mars 2015 /
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La restauration de la création se propose d'examiner le statut des animaux dans la pensée chrétienne ancienne et médiévale selon une perspective eschatologique, centrée sur la question du salut des animaux dans le projet divin. L'ouvrage est organisé en trois parties : les sources bibliques, notamment la promesse du renouvellement de la création dans Rm 8, 21 ; les élaborations doctrinales dans la période patristique puis au Moyen Âge ; enfin, des réflexions contemporaines à propos du statut des animaux dans nos sociétés. Souvent absente du débat sociétal à propos des animaux, la perspective historique chrétienne proposée dans ce volume se veut une contribution originale à la réflexion actuelle sur le statut juridique et éthique des animaux. La restauration de la création aims to examine the status of animals in ancient and medieval Christian thought following an eschatological perspective, that is, focusing on the question of the salvation of animals according to the divine plan. The volume is articulated in three parts: Biblical sources, in particular the promise of the renewal of creation according to Rm 8, 21; Patristic and medieval doctrinal elaborations on the question; finally, contemporary considerations regarding the status of animals in our societies. Often absent from the current social debate on the subject, the historical Christian perspective which this volume proposes is intended as an original contribution to today's ongoing reflexion on the legal and ethical status of animals.
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Online resource; title from PDF title page (EBSCO, viewed January 3, 2018). :
1 online resource (xix, 340 pages) : illustrations. :
Includes bibliographical references and indexes. :
9789004357389 :
Available to subscribing member institutions only.
Early Ibadi Theology: New Material on Rational Thought in Islam from the Pen of al-Fazārī (2nd/8th Century) /
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Al-Fazārī's writings are a unique source of information about Ibadi teachings on ʿilm al-kalām and the early development of this branch of religious knowledge. It is for this reason that scholars of Islamic theology are particularly interested in early Ibadi theology. In this volume newly discovered, re-edited texts by al-Fazārī are presented, with previously lacking fragments included, texts that had already begun to offer new perspectives on Islamic ʿilm al-kalām , and on its origins and the sources of its concepts and debating techniques. In their revised state these Ibadi texts represent a major contribution to scholastic theology. They demonstrate how their respective theological debates already took place at the beginning of the second/eighth century and how associated ideas, as well as related sects and treatises, remained current for some time afterwards, thereby contradicting earlier claims that these debates started in the third/ninth century.
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1 online resource. :
Includes bibliographical references and index. :
9789004459571
9789004399136
Early Ibadī theology : six kalam texts /
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Early Ibāḍī Theology presents the critical edition of six Arabic theological texts recently discovered in two manuscripts in Mzāb in Algeria dating from the middle of the 8th century. The texts were sent by their author, the prominent Kūfan Ibāḍī kalām theologian 'Abd Allāh born Yazīd al-Fazārī to North Africa where he had a large following in the Ibāḍī community later known as the Nukkār. They constitute the earliest extant body of Muslim kalām theology and are vital for the study of the initial development of rational theology in Islam. The sophisticated treatment of the divine attributes in these texts indicates that this subject developed considerably earlier in Islamic theology than previously accepted in modern scholarship.
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1 online resource (pages) :
9789004274594 :
Available to subscribing member institutions only.
Islamic law on peasant usufruct in Ottoman Syria : 17th to early 19th century /
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Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.
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1 online resource (210 pages) :
9789004228672 :
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
Sainthood and authority in early Islam : how the awliyāʼ of God inherited the Sunnī caliphate /
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In Sainthood and Authority in Early Islam Aiyub Palmer recasts wilāya in terms of Islamic authority and traces its development in both political and religious spheres up through the 3rd and 4th Islamic centuries. This book pivots around the ideas of al-Ḥakīm al-Tirmidhī, the first Muslim theologian and mystic to write on the topic of wilāya . By looking at its structural roots in Arab and Islamic social organization, Aiyub Palmer has reframed the discussion about sainthood in early Islam to show how it relates more broadly to other forms of authority in Islam. This book not only looks anew at the influential ideas of al-Tirmidhī but also challenges current modes of thought around the nature of authority in Islamicate societies.
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1 online resource. :
Includes bibliographical references and index. :
9789004416550