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.
Ibn Ḥazm of Cordoba : the life and works of a controversial thinker /
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This volume represents the state of the art in research on the controversial Muslim legal scholar, theologian and man of letters Ibn Ḥazm of Cordoba (d. 456/1064), who is widely regarded as one of the most brilliant minds of Islamic Spain. Remembered mostly for his charming treatise on love, he was first and foremost a fierce polemicist who was much criticized for his idiosyncratic views and his abrasive language. Insisting that the sacred sources of Islam are to be understood in their outward sense and that it is only the Prophet Muḥammad whose example may be followed, Ibn Ḥazm alienated himself from his peers. As a result, his books were burned and he was forced to withdraw from public life. Contributors are: Camilla Adang, Hassan Ansari, Samuel-Martin Behloul, Alfonso Carmona, Leigh Chipman, Maribel Fierro, Alejandro García Sanjuán, Livnat Holtzman, Samir Kaddouri, Joep Lameer, Christian Lange, Gabriel Martinez Gros, Luis Molina, Salvador Peña, Jose Miguel Puerta Vilchez, Rafael Ramón Guerrero, Adam Sabra, Sabine Schmidtke, Delfina Serrano, Bruna Soravia, Dominique Urvoy, Kees Versteegh and David Wasserstein.
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1 online resource (xxi, 804 pages) : illustrations, maps. :
Includes bibliographical references and indexes. :
9789004243101 :
0169-9423 ; :
Available to subscribing member institutions only.
Strangers in the Land: Traveling Texts, Imagined Others, and Captured Souls in Jewish, Christian, and Muslim Traditions in Late Antique and Mediaeval Times /
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This volume explores the ways in which representatives of different monotheistic traditions perceived and described or experienced themselves as "the other." This central category - which includes not only those of different religions, but also converts, foreigners, sectarians, and women - is studied from various perspectives in a range of texts composed by Jewish, Christian, and Muslim authors during late antique and mediaeval times. Conceptualizations of such "others" are often intrinsically related to the idea of exile, another important category that is analysed in this work.
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1 online resource (285 pages) : illustrations. :
Includes bibliographical references and index. :
9789004693319
Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom /
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The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In Islamic Law and the Crisis of the Reconquista , Alan Verskin examines the way in which the Iberian school of Mālikī law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims.
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1 online resource (x, 202 pages) :
Includes bibliographical references (p. 175-199) and index. :
9789004284531 :
1384-1130 ; :
Available to subscribing member institutions only.
Law and the Islamization of Morocco under the Almoravids : the Fatwās of Ibn Rushd al-Jadd to the far Maghrib /
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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
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Based on author's thesis (doctoral - Yale University, 2009) issued under title: The Fatwas of Ibn Rushd al-Jadd to the Far Maghrib. :
1 online resource (viii, 207 pages) :
Includes bibliographical references (p. 192-202) and index. :
9789004279841 :
1877-9808 ; :
Available to subscribing member institutions only.
A History of the Early Islamic Law of Property : Reconstructing the Legal Development, 7th-9th Centuries /
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The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā. The analysis has two aims. First, it attempts to trace the process by which some hitherto unclarified institutions and transactions were elaborated to form an integral part of the classical Islamic law of property. The second aim to determine how and why the teachings of particular jurists became predominant in Iraq and Medina and laid the foundation of the Ḥanafī and the Mālikī schools of law in each respective region.
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1 online resource. :
Includes bibliographical references and index. :
9789047413417
9789004138490
Islamic law : theory and practice /
: "The papers in this collection were originally presented at a conference entitled 'Islamic law : theory and practice' held at Ashburne Hall, University of Manchester in June 1995" -- introd. : vi, 248 pages : illustrations ; 22 cm. : Includes bibliographical references (pages 232-244) and indexes. : 1860646522