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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.
The relationship between Roman and local law in the Babatha and Salome Komaise archives : general analysis and three case studies on law of succession, guardianship, and marriage /
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The discovery of the Babatha archive provided scholars with unique opportunities for reconstructing the life of Jews in second-century Arabia. Although legal issues and especially the question of the relationship between Roman and local law have received attention in a number of publications, this study presents the first complete overview of the legal situation as presented in the Babatha as well as the Salome Komaise archive, using references to law in the documents' texts as the key element for understanding what law is applicable to these documents. By distinguishing between two levels in the papyri, of substantive and of formal law, a new understanding is reached of the part both Roman and local law played in legal reality.
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1 online resource. :
Includes bibliographical references and index. :
9789047421368 :
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.
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.
Early Islamic legal theory : the Risāla of Muḥammad ibn Idrīs al-Shāfiʻī /
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The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla , in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī's creative account of the law's architectonics, hermeneutical techniques, legal epistemology, relationship to kalām , and the role of consensus ( ijmāʿ ).
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1 online resource. :
Includes bibliographical references (p. [387]-399) and indexes. :
9789047423898 :
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.
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.
Wortatlas der arabischen Dialekte : Band IV: Funktionswörter, Adverbien, Phraseologisches: eine Auswahl /
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The Wortatlas der arabischen Dialekte / Word Atlas of Arabic Dialects (WAD) intends to provide an unprecedented survey of the lexical richness and diversity of the Arabic dialects as spoken from Uzbekistan to Mauretania and Nigeria, from Malta to Sudan, and including the Ki-Nubi Creole as spoken in Uganda and Kenya. The multilingual word atlas consists of four volumes in total with some 500 onomasiological maps in full colour. Each map presents a topic or notion and its equivalents in Arabic as collected from the dialectological literature (dictionaries, grammars, text collections, ethnographic reports, etc.), from the editors' own field work, from questionnaires filled out by native speakers or by experts for a certain dialect region, and also from the internet. Polyglot legends in German, English, French, Spanish, Italian accompany the maps to facilitate further access. Each map is followed by a commentary in German, providing more details about the sources and the individual forms, and discussing semantic and etymological issues. All quotations are in their original language. The maps mainly show lexical types, detailed and concrete forms are given in the commentaries. An introduction is provided in Volume 1 in both German and English. Indices of all lexemes in the atlas will be available for each volume. The first volume Band I: Mensch, Natur, Fauna und Flora / Volume 1: Mankind, Nature, Fauna and Flora contains subjects such as 'family members', 'professions', 'human qualities'. The second volume, Band II: Materielle Kultur , deals with material culture ('house', 'utensils', 'food', 'clothing', 'vehicles', etc.). The third volume Band III: Verben, Adjektive, Zeit und Zahlen focuses on verbs, and adjectives. The forth volume Band IV: Funktionswörter und Phraseologisches contains functionwords and some phraseological items. The atlas is indispensable for everyone interested in the modern spoken Arabic language, as well as for dialectologists and for semanticists.
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1 online resource. :
Includes bibliographical references and index. :
9789004462656
9789004462649