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منشور في 2013
Islamic legal thought : a compendium of Muslim jurists /

: In Islamic Legal Thought: A Compendium of Muslim Jurists , twenty-three scholars each contribute a chapter on a distinguished Muslim jurist. The volume is organized chronologically and it includes jurists who represent the formative, classical and modern periods of Islamic legal thought. Each chapter contains both a biography of an individual jurist and a translated sample of his work. The biographies emphasize the scholarly milieu in which the jurist worked-his teachers, colleagues and pupils, as well as the type of juridical thinking for which he is best known. The translated sample highlights the contribution of each jurist to the evolution of both the method and the methodology of Islamic jurisprudence. The introduction by the volume's three editors, Oussama Arabi, David S. Powers and Susan A. Spectorsky, provides a concise overview of the contents. Contributors include: Oussama Arabi, Murteza Bedir, Jonathan E. Brockopp, Robert Gleave, Camilo Gómez-Rivas, Mahmoud O. Haddad, Peter C. Hennigan, Colin Imber, Samir Kaddouri, Aharon Layish, Joseph E. Lowry, Muhammad Khalid Masud, Ebrahim Moosa, David S. Powers, Yossef Rapoport, Delfina Serrano Ruano, Susan A. Spectorsky, Devin J. Stewart, Osman Tastan, Etty Terem, Nurit Tsafrir, Bernard G. Weiss, Hiroyuki Yanagihashi.
: 1 online resource (xv, 590 pages) : Includes bibliographical references (p. 533-561) and indexes. : 9789004255883 : 1384-1130 ; : Available to subscribing member institutions only.

منشور في 2019
Locating the Sharīʿa : Legal Fluidity in Theory, History and Practice /

: 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.
: 1 online resource. : Includes bibliographical references and index. : 9789004391710 : Available to subscribing member institutions only.

منشور في 2019
Al-Qand fī dhikr ʿulamāʾ Samarqand /

: In the Arabic literary tradition, biographies form a class of their own and have always been widely used. Whether about a single person or about some group, their shared objective was to provide an authoritative account of someone's lineage, social or literary career, academic or religious background or affiliation, or connection to some historic event. As examples one could mention Ibn Hishām's (d. 218/834) Sīrat Muḥammad rasūli ʼllāh , Ibn Abī Uṣaybiʿa's (d. 668/1270) Kitāb ʿuyūn al-anbāʾ fī ṭabaqāt al-aṭibbāʾ , or Nūr al-Dīn al-Ṭūkhī's (d. ca 900/1494) Quḍāt Miṣr . The author of the present work, Najm al-Dīn al-Nasafī (d. 537/1142-43), was a long-time resident of Samarqand and widely known and respected as jurist. He wrote more than 30 works, in Persian and in Arabic. The present volume contains an inventory of ḥadīth scholars bearing some connection to Samarqand. Its importance lies mainly in the many names of people, places, and books which are otherwise entirely unknown.
: 1 online resource. : 9789004402614
9789646781122

منشور في 2021
Virtue, Piety and the Law : A Study of Birgivī Meḥmed Efendī's al-Ṭarīqa al-muḥammadiyya /

: In Virtue, Piety and the Law Katharina Ivanyi examines Birgivī Meḥmed Efendī's (d. 981/1573) al-Ṭarīqa al-muḥammadiyya , a major work of pietist exhortation and advice, composed by the sixteenth-century Ottoman jurist, Ḥadīth scholar and grammarian, who would articulate a style of religiosity that had considerable reformist appeal into modern times. Linking the cultivation of individual virtue to questions of wider political, social and economic concern, Birgivī played a significant role in the negotiation and articulation of early modern Ottoman Ḥanafī piety. Birgivī's deep mistrust of the passions of the human soul led him to prescribe a regime of self-surveillance and control that was only matched in rigor by his likewise exacting interpretation of the law in matters of everyday life, as much as in state practices, such as the cash waqf, Ottoman land tenure and taxation.
: 1 online resource. : Includes bibliographical references and index. : 9789004431843
9789004419865

منشور في 2015
Islamic law in past and present /

: 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.
: 1 online resource (xviii, 658 pages) : Includes bibliographical references (p. 557-615) and index. : 9789004281806 : 1389-823X ; : Available to subscribing member institutions only.

منشور في 2017
DROIT MUSULMAN ET SOCIÉTÉ AU SAHARA PRÉMODERNE : la justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe-XIXe siècles.

: La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d'une analyse de recueils de fatwas inédits et d'autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L'ouvrage explore la diffusion d'institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l'interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l'application de la charia par les cadis et muftis locaux et s'interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l'écriture notariale et de la consultation juridique. Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?
: 1 online resource (xiv, 304 pages) : 9789004341265 : Available to subscribing member institutions only.

منشور في 2013
Mālik and Medina : Islamic legal reasoning in the formative period /

: This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
: 1 online resource (552 pages) : Includes bibliographical references and index. : 9789004247888 : Available to subscribing member institutions only.

منشور في 2007
Ibn Taymiyya's theodicy of perpetual optimism /

: The Muslim jurist Ibn Taymiyya (d. 1328) is famous for polemic against Islamic philosophy, theology and rationalizing mysticism, but his positive theological contribution has not been well understood. This comprehensive study of Ibn Taymiyya's theodicy helps to rectify this lack. Exposition and analysis of Ibn Taymiyya's writings on God's justice and wise purpose, divine determination and human agency, the problem of evil, and juristic method in theological doctrine show that he articulates a theodicy of optimism in which God in His essence perpetually wills the best possible world from eternity. This sets Ibn Taymiyya's theodicy apart from Ashʿarī divine voluntarism, the free-will theodicy of the Muʿtazilīs, and the essentially timeless God of other optimists like Ibn Sīnā and Ibn ʿArabī.
: Originally presented as the author's thesis (Ph. D.--University of Birmingham, 2002) under the title: An Islamic theodicy : Ibn Taymiyya on the wise purpose of God, human agency, and problems of evil and justice. : 1 online resource (xii, 270 pages) : Includes bibliographical references and index. : 9789047420194 : 0169-8729 ; : Available to subscribing member institutions only.

منشور في 2020
Visions of sharīʻa : contemporary discussions in Shi'i legal theory /

: 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 .
: 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