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Debating the Law, Creating Gender : Sharia and Lawmaking in Palestine, 2012-2018 /
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In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing "law in the making" and the shifts in debates (2012-2018). In 2012, a ruling on khulʿ -divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to "harmonize" international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
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1 online resource. :
Includes bibliographical references and index. :
9789004442313
9789004442306
The transmission and dynamics of the textual sources of Islam : essays in honour of Harald Motzki /
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For many Muslims, the textual sources of Islam provide the guiding principles on which they base their beliefs. These texts have also been studied by Western scholars of Islam for centuries. Most of their work has focussed on the historicity of the texts, often at the expense of the study of Muslims' highly diverse interpretation and application of these sources in everyday life. This volume provides new insights into the transmission of these sources (primarily the Qurʾān and the Ḥadīth) and combines this with the dynamics of these scriptures by paying close attention to how believers in the Muslim world as well as the West interpret and apply them. As such, this volume provides a fascinating overview of how the sources of Islam are dated, debated and negotiated. Contributors include: Nicolet Boekhoff-van der Voort, Gregor Schoeler, Maribel Fierro, Fred Leemhuis, Claude Gilliot, Andreas Görke, Jens Scheiner, Michael Lecker, Maher Jarrar, Gerard Wiegers, Uri Rubin, Kees Versteegh, Joas Wagemakers, Herbert Berg, Abdulkader Tayob, Roel Meijer, Martijn de Koning, Carmen Becker and Ulrike Mitter.
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1 online resource (xvi, 495 pages) : illustrations. :
Includes bibliographical references (p. [13]-24) and index. :
9789004206786 :
Available to subscribing member institutions only.
The Biography of Muḥammad : The Issue of the Sources /
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This book deals with the controversial value of the sources on which the biography of Muhammad, the founder of Islam, is based. Discussions on this topic have been going on for more than a century but it has become especially debated during the last two decades. This volume contains ten articles which are the outcome of an international colloquium on the issue. Part one of the book examines the development of the Muslim tradition concerning the life of Muhammad while the other part focuses on the historical reliability of the source material. The volume reflects not only the most recent methodological developments in the study of the life of Muhammad but also the improvement of its material-basis due to sources which have only recently become available or which have been neglected.
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1 online resource. :
Includes bibliographical references and index. :
9789004452909
9789004115132
Religion, politics and law : philosophical reflections on the sources of normative order in society /
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Modern, liberal democracies in the West living under the rule of law and protection of human rights cannot articulate the very values from which they derive their legitimacy. These pre-political and pre-legal preconditions cannot be guaranteed, let alone be enforced by the state, but constitute nevertheless its moral and spiritual infrastructure. Until recently, a common background and horizon consisted in Christianity, but due to secularisation and globalisation, society has become increasingly multicultural and multireligious. The question can and should be raised how religion relates to these sources of normative order in society, how religion, politics and law relate to each other, and how social cohesion can be attained in society, given the growing varieties of religious experiences. In this book, a philosophical account of this question is carried out, on the one hand historically from Plato to the Enlightenment, on the other hand systematically and practically.
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1 online resource. :
Includes bibliographical references and indexes. :
9789047425380 :
Available to subscribing member institutions only.
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
The heritage of Arabo-Islamic learning : studies presented to Wadad Kadi /
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The Arabo-Islamic heritage of the Islam is among the richest, most diverse, and longest-lasting literary traditions in the world. Born from a culture and religion that valued teaching, Arabo-Islamic learning spread from the seventh century and has had a lasting impact until the present.In The Heritage of Arabo-Islamic Learning leading scholars around the world present twenty-five studies explore diverse areas of Arabo-Islamic heritage in honor of a renowned scholar and teacher, Dr. Wadad A. Kadi (Prof. Emerita, University of Chicago). The volume includes contributions in three main areas: History, Institutions, and the Use of Documentary Sources; Religion, Law, and Islamic Thought; Language, Literature, and Heritage which reflect Prof. Kadi's contributions to the field. Contributors:Sean W. Anthony; Ramzi Baalbaki; Jonathan A.C. Brown; Fred M. Donner; Mohammad Fadel; Kenneth Garden; Sebastian Günther; Li Guo; Heinz Halm; Paul L. Heck; Nadia Jami; Jeremy Johns; Maher Jarrar; Marion Holmes Katz; Scott C. Lucas; Angelika Neuwirth; Bilal Orfali; Wen-chin Ouyang; Judith Pfeiffer; Maurice A. Pomerantz; Riḍwān al-Sayyid ; Aram A. Shahin; Jens Scheiner; John O. Voll; Stefan Wild.
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1 online resource. :
Includes bibliographical references and index. :
9789004307469 :
Available to subscribing member institutions only.
Islamic thought in the Middle Ages : studies in text, transmission and translation, in honour of Hans Daiber /
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The history of Islamic thought in the Middle Ages, the impact of Greek philosophy and science, and the formation of an own theological tradition, is a long and complex one. The articles in this volume dedicated to Hans Daiber, one of the pioneering scholars in this field, offer new insights from a variety of perspectives: philological, philosophical, and historical. The subjects range from Islamic philosophy and theology, over the history of science, the transmission into other medieval cultures to language and literature. In addition to their specific discoveries, they give an impression of the dynamics of medieval Islamic intellectual history as well as of the diversity of approaches needed to understand this dynamics.
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1 online resource. :
Includes bibliographical references and indexes. :
9789047441922 :
Available to subscribing member institutions only.
Studies in Islamic historiography : essays in honour of Professor Donald P. Little /
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This book offers students and scholars an introduction to and insight into the wealth of historiographies produced in various Muslim milieus. Four articles deal with the classical period: archaeology and history in early Islamic Amman; an analysis of sources dealing with Muwaḥḥid North Africa; al-Maqrizī's prosopographical production; the rise of early Ottoman historiography. Three examine sacred history as historiography: in 10th century Fatimid Egypt; in the 16th century Indian Chishtī Sufi milieu; and in the Sino-Muslim Confucian tradition in Qing China. The final two articles provide fresh approaches to historiography by respectively looking into the sijils of Ottoman Cairo as historical sources and by highlighting the regional approach to the writing of the history of the Indian Ocean. Contributors: Frédéric Bauden, Heather J. Empey, Derryl MacLean, Sami G. Massoud, Murat Cem Mengüç, Reem Meshal, Hyondo Park, Patricia Risso, Shafique N. Virani and Michael Wood.
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Includes index. :
1 online resource. :
9789004415294
Concepts of philosophy in Asia and the Islamic world /
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The contributions to Concepts of Philosophy in Asia and the Islamic World reflect upon the problems implied in the received notions of philosophy in the respective scholarly literatures. They ask whether, and for what reasons, a text should be categorized as a philosophical text (or excluded from the canon of philosophy), and what this means for the concept of philosophy. The focus on texts and textual corpora is central because it makes authors expose their claims and arguments in direct relation to specific sources, and discourages generalized reflections on the characteristics of, for example, Japanese culture or the Indian mind. The volume demonstrates that close and historically informed readings are the sine qua non in discussing what philosophy is in Asia and the Islamic world, just as much as with regard to Western literature Contributors are Yoko Arisaka, Wolfgang Behr, Thomas Fröhlich, Lisa Indraccolo, Paulus Kaufmann, Iso Kern, Ralf Müller, Gregor Paul, Lisa Raphals, Fabian Schäfer, Ori Sela, Rafael Suter, Christian Uhl, Viatcheslav Vetrov, Yvonne Schulz Zinda, and Nicholas Zufferey.
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1 online resource. :
Includes bibliographical references and index. :
9789004360112 :
0928-141X ; :
Available to subscribing member institutions only.
Islamic philosophy, science, culture, and religion : studies in honor of Dimitri Gutas /
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Islamic intellectual thought is at the center of this collection of articles honoring Dimitri Gutas by friends, colleagues, and former students. The essays cover three main areas: the classical heritage and Islamic culture; classical Arabic science and philosophy; and Muslim traditional sciences. They show the interconnectedness between the Islamic intellectual tradition and its historical predecessors of Greek and Persian provenance, ranging from poetry to science and philosophy. Yet, at the same time, the authors demonstrate the independence of Muslim scholarship and the rich inner-Muslim debates that brought forth a flourishing scholastic culture in the sciences, philosophy, literature, and religious sciences. This collection also reflects the breadth of contemporary research on the intellectual traditions of Islamic civilization. Contributors include: Amos Bertolacci, Kevin van Bladel, Gideon Bohak, Sonja Brentjes, Charles Burnett, Hans Daiber, Gerhard Endress, William Fortenbaugh, Beatrice Gruendler, Jules Janssens, David King, Yahya Michot, Suleiman Mourad, Racha Omari, Felicitas Opwis, David Reisman, Heinrich von Staden, Tony Street, Hidemi Takahashi, Alexander Treiger, and Robert Wisnovsky.
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1 online resource (xii, 493 pages) : illustrations, portrait. :
Includes bibliographical references and index. :
9789004217768 :
Available to subscribing member institutions only.
Dynamics of Islam in the Modern World : Essays in Honor of Jamal Malik /
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"Dynamics of Islam in the Modern World scrutinizes and analyzes Islam in context. It posits Muslims not as independent and autonomous, but as relational and interactive agents of change and continuity who interplay with Islamic(ate) sources of self and society as well as with resources from other traditions. Representing multiple disciplinary approaches, the contributors to this volume discuss a broad range of issues, such as secularization, colonialism, globalization, radicalism, human rights, migration, hermeneutics, mysticism, religious normativity and pluralism, while paying special attention to three geographical settings of South Asia, the Middle East and Euro-America"--
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1 online resource. :
Includes bibliographical references and index. :
9789004512535
9789004512399
Dar al-Islam -- Dar al-ḥarb : territories, people, identities /
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This is the first collection of studies entirely devoted to the terminological pair dār al-islām / dar al-ḥarb , "the abode of Islam" and "the abode of war", apparently widely known as representative of "the Islamic vision" of the world, but in fact almost unexplored. A team of specialists in different fields of Islamic studies investigates the issue in its historical and conceptual origins as well as in its reception within the different genres of Muslim written production. In contrast to the fixed and permanent categories they are currently identified with, the multifaceted character of these two notions and their shifting meanings is set out through the analysis of a wide range of contexts and sources, from the middle ages up to modern times. Contributors are Francisco Apellániz, Michel Balivet, Giovanna Calasso, Alessandro Cancian, Éric Chaumont, Roberta Denaro, Maribel Fierro, Chiara Formichi, Yohanan Friedmann, Giuliano Lancioni, Yaacov Lev, Nicola Melis, Luis Molina, Antonino Pellitteri, Camille Rhoné-Quer, Francesca Romana Romani, Biancamaria Scarcia Amoretti, Roberto Tottoli, Raoul Villano, Eleonora Di Vincenzo and Francesco Zappa.
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1 online resource. :
Includes bibliographical references and index. :
9789004331037 :
Available to subscribing member institutions only.
Minor marriage in early Islamic law /
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In Minor Marriage in Early Islamic Law , Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father's right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the "consensus writers" of later centuries, each chapter brings new insights into a complex and enduring debate.
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1 online resource. :
Includes bibliographical references and index. :
9789004344860 :
Available to subscribing member institutions only.
Analysing Muslim traditions : studies in legal, exegetical and Maghazi hadith /
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Since its inception, the study of Ḥadīth conducted by scholars trained in the Western academic tradition has been marked by sharp methodological debates. A focal issue is the origin and development of traditions on the advent of Islam. Scholars' verdicts on these traditions have ranged from "late fabrications without any historical value for the time concerning which the narrations purport to give information" to "early, accurately transmitted texts that allow one to reconstruct Islamic origins". Starting from previous contributions to the debate, the studies collected in this volume show that, by careful analysis of their texts and chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability and their historicity assessed afresh.
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1 online resource. :
Includes bibliographical references (p. [467]-477) and index. :
9789004193314 :
Available to subscribing member institutions only.
God in the courtroom : the transformation of courtroom oath and perjury between Islamic and Franco-Egyptian law /
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This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
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1 online resource (xiii, 412 pages) : illustrations. :
Includes bibliographical references (p. [397]-404) and index. :
9789004217515 :
1384-1130 ; :
Available to subscribing member institutions only.
The foundations of jurisprudence : an introduction to Imāmī Shīʿī legal theory /
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Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004311770 :
Available to subscribing member institutions only.
Character of Christian-Muslim Encounter /
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The Character of Christian-Muslim Encounter is a Festschrift in honour of David Thomas , Professor of Christianity and Islam, and Nadir Dinshaw Professor of Inter Religious Relations, at the University of Birmingham, UK. The Editors have put together a collection of over 30 contributions from colleagues of Professor Thomas that commences with a biographical sketch and representative tribute provided by a former doctoral student, and comprises a series of wide-ranging academic papers arranged to broadly reflect three dimensions of David Thomas' academic and professional work - studies in and of Islam; Christian-Muslim relations; the Church and interreligious engagement. These are set in the context of a focussed theme - the character of Christian-Muslim encounters - and cast within a broad chronological framework. Contributors, excluding the editors, are: Clare Amos, John Azumah, Mark Beaumont, David Cheetham, Rifaat Ebied, Stanisław Grodź SVD, Alan Guenther, Damian Howard SJ, Michael Ipgrave, Muammer İskenderoğlu, Risto Jukko, Alex Mallett, Juan Pedro Monferrer-Sala, Lucinda Mosher, Gordon Nickel, Jørgen Nielsen, Claire Norton, Emilio Platti, Luis Bernabé Pons, Peniel Rajkumar, Peter Riddell, Umar Ryad, Andrew Sharp, Sigvard von Sicard, Richard Sudworth, Mark Swanson, Charles Tieszen, John Tolan, Davide Tacchini, Herman Teule, Albert Walters.
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1 online resource (xxii, 620 pages) :
9789004297210 :
Available to subscribing member institutions only.
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.
The Qurʼān in context : historical and literary investigations into the Qurʼānic milieu /
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Although recent scholarship has increasingly situated the Qur'ān in the historical context of Late Antiquity, such a perspective is only rarely accompanied by the kind of microstructural literary analysis routinely applied to the Bible. The present volume seeks to redress this lack of contact between literary and historical studies. Contributions to the first part of the volume address various general aspects of the Qur'an's political, economic, linguistic, and cultural context, while the second part contains a number of close readings of specific Qur'ānic passages in the light of Judeo-Christian tradition and ancient Arabic poetry, as well as discussions of the Qur'ān's internal chronology and transmission history. Throughout, special emphasis is given to methodological questions. This title is available as paperback .
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"This volume has emerged from the conference 'Historische Sondierungen und methodische Reflexionen zur Korangenese: Wege zur Rekonstruktion des vorkanonischen Koran' January 2004, Berlin"--T.p. verso. :
1 online resource. :
Includes bibliographical references and indexes. :
9789047430322 :
Available to subscribing member institutions only.