recht history » recent history (توسيع البحث), secret history (توسيع البحث), recit histoire (توسيع البحث)
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.
Islamic law in past and present /
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Islamic Law in Past and Present , written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and 'law in action' are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
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1 online resource (xviii, 658 pages) :
Includes bibliographical references (p. 557-615) and index. :
9789004281806 :
1389-823X ; :
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.
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.
Kleine schriften = Collected short writings of Josef van Ess /
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Kleine Schriften , written by the eminent German scholar of Islamic Studies Josef van Ess, is a unique collection of Van Ess' widely scattered short writings, journal articles, encyclopaedia entries, (autobiographical) essays, reviews and lectures, in (mainly) German, English and French, some of which are published here for the first time. It includes a full bibliography of the author's work, in addition to two indexes of classical authors and works, which aim to make accessible the remarkable riches that these Kleine Schriften have to offer. The three-volume collection, carefully selected by the author himself, offers over 150 texts organized primarily along Van Ess' own biography and the history of the discipline. It is divided into twelve parts, beginning with Tübingen where his career began in 1968, and ending with Retrospects and Postscripts for the future, with the thematic complexes Islam and its first options and Muʿtazila as centre pieces. All parts are introduced by brief accounts of the historical context in which each of the assembled texts was written and which course subsequent scholarship may have taken.
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Includes index. :
1 online resource (xviii, 2634 pages) :
9789004336483 :
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.
Martyriumsvorstellungen in Antike und Mittelalter : leben oder sterben für Gott? /
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Concepts of voluntary death and martyrdom versus the ideal of preserving human life are an essential component of the Ethics of the Abrahamite religions throughout their history. The studies collected in this volume focus on concepts of voluntary death and martyrdom in the Hebrew Bible, Second Temple Period Judaism, Early Christianity and its pagan environment, Rabbinic Judaism as well as in Islam. The contributions of scholars of different background present a broad panorama of the varied perspectives of the Abrahamite religions on this phenomenon. The established concepts of martyrdom are challenged as too schematic. Betrachtungen über das Ideal eines freiwilligen Todes für den eigenen Glauben oder eines Martyriums, das in scharfem Gegensatz zum Gebot der Lebensbewahrung steht, ziehen sich durch die Geschichte der abrahamitischen Religionen. Der vorliegende interdisziplinäre Band versammelt Forschungen zu den Vorstellungen eines religiös begründeten freiwilligen Todes oder Martyriums in der Hebräischen Bibel, im Judentum des Zweiten Tempels, im Frühchristentum und seiner paganen Umwelt, im rabbinischen Judentum und im Islam. Die Beiträge verdeutlichen die unterschiedlichen Perspektiven der abrahamitischen Religionen auf dieses Phänomen. Es zeigt sich, dass die übergreifende, verallgemeinernde Charakterisierung jedes religiös bedingten freiwilligen Sterbens als 'Martyrium' der Komplexität des Phänomens nicht gerecht wird.
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Contributions from a conference held June 9-11, 2010, at the Westfäische Wilhelms-Universität Münster. :
1 online resource (vi, 324 pages) :
Includes bibliographical references and index. :
9789004234215 :
1871-6636 ; :
Available to subscribing member institutions only.
Law and property in Algeria : anthropological perspectives /
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In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.
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"This volume was published with the support of the French National Agency for Research (ANR), as an outcome of the research project "Property in Moslem Transitional Environments" (PROMETEE) that was conducted within the frame of the German-French program FRAL and associated teams affiliated to the Centre Jacques-Berque (CJB) of Rabat and the Erlanger Zentrum fur Islam und Recht in Europa (EZIRE)." :
1 online resource (189 pages) : map. :
Includes bibliographical references and index. :
9789004362116 :
Available to subscribing member institutions only.