Studies in Islamic Law and Society – serie
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19 produkter
19 produkter
Del 4 - Studies in Islamic Law and Society
Formation of the Sunni Schools of Law, 9th-10th Centuries C.E.
Inbunden, Engelska, 1997
2 760 kr
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The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and ḥadīth. No school had a regular means of forming students.Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallāl (d. 311/923), and a series of ḥanafī teachers ending with al-Karkhī (d. 340/952). Mālikism prospered in the West for political reasons, while the ẓāhirī and Jarīrī schools faded out due to their refusal to adopt the common new teaching methods.In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.
Del 29 - Studies in Islamic Law and Society
Sanhuri Code, and the Emergence of Modern Arab Civil Law (1932 to 1949)
Inbunden, Engelska, 2007
2 441 kr
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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.
Del 31 - Studies in Islamic Law and Society
Maṣlaḥa and the Purpose of the Law
Islamic Discourse on Legal Change from the 4th/10th to 8th/14th Century
Inbunden, Arabiska, 2010
2 901 kr
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Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people’s well-being) as a method of extending and adapting God’s law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God’s law. Discussions on maṣlaḥa’s epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
Del 34 - Studies in Islamic Law and Society
God in the Courtroom
The Transformation of Courtroom Oath and Perjury between Islamic and Franco-Egyptian Law
Inbunden, Arabiska, 2011
2 845 kr
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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.
Del 35 - Studies in Islamic Law and Society
Islamic Law on Peasant Usufruct in Ottoman Syria
17th to early 19th Century
Inbunden, Engelska, 2012
2 216 kr
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Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Del 36 - Studies in Islamic Law and Society
Islamic Legal Thought
A Compendium of Muslim Jurists
Inbunden, Engelska, 2013
4 123 kr
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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.
Del 37 - Studies in Islamic Law and Society
Islamic Law in Theory
Studies on Jurisprudence in Honor of Bernard Weiss
Inbunden, Engelska, 2014
2 981 kr
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law.Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
Del 38 - Studies in Islamic Law and Society
Ẓāhirī Madhhab (3rd/9th-10th/16th Century)
A Textualist Theory of Islamic Law
Inbunden, Engelska, 2014
2 070 kr
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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
Del 39 - Studies in Islamic Law and Society
Islamic Law and the Crisis of the Reconquista
The Debate on the Status of Muslim Communities in Christendom
Inbunden, Engelska, 2015
1 907 kr
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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.
Del 54 - Studies in Islamic Law and Society
Islamic Law, Tribal Customary Law and Waqf
Studies in the Legal History of the Modern Middle East and North Africa
Inbunden, Arabiska, 2023
2 126 kr
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In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Del 40 - Studies in Islamic Law and Society
Dār al-islām / dār al-ḥarb
Territories, People, Identities
Inbunden, Engelska, 2017
2 492 kr
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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.
Del 42 - Studies in Islamic Law and Society
Legal Documents as Sources for the History of Muslim Societies
Studies in Honour of Rudolph Peters
Inbunden, Engelska, 2017
2 147 kr
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This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents.Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Del 46 - Studies in Islamic Law and Society
Waqf in Zaydī Yemen
Legal Theory, Codification, and Local Practice
Inbunden, Engelska, 2018
2 059 kr
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Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen.For the Arabic edition, please see here.
Del 50 - Studies in Islamic Law and Society
Visions of Sharīʿa
Contemporary Discussions in Shī ͑ī Legal Theory
Inbunden, Engelska, 2019
1 871 kr
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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.
Del 49 - Studies in Islamic Law and Society
Legal Pluralism in Muslim Contexts
Inbunden, Engelska, 2019
1 632 kr
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Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Del 57 - Studies in Islamic Law and Society
Dynamics of Tradition
Islamic Theology and Law in Relation
Inbunden, Engelska, 2025
1 525 kr
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This book invites the reader to explore how Islamic theology and law have shaped, challenged, and inspired each other across centuries. What does it mean, for example, when a legal rule embodies theological debates on divine justice? We unpack questions like this by diving into the rich history and modern-day relevance of theology and legal theory in Islam, using rare manuscripts and new historical findings. The book’s contributors offer fresh perspectives on how Islamic scholars tackled pressing social issues and adapted their thought to evolving contexts. This work stands out for its engaging examination of Islam's intellectual legacy and its potential pathways for today.Contributors are Mohammed Abdelrahem, Ahmad Atif Ahmad, Maha El-Kaisy, Mohammed Fadel, Ramon Harvey, Serdar Kurnaz, Abdul Rahman Mustafa, Najah Nadi and David Vishanoff.
Del 56 - Studies in Islamic Law and Society
Islamic Law in Saudi Arabia
Inbunden, Engelska, 2025
1 345 kr
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This book provides an in-depth exploration of the Saudi judiciary in the 21st century. Drawing on interviews with leading members of the Saudi judiciary, seldom-seen legal literature and court judgments, the author addresses two main questions: First, what is the Saudi jurists’ understanding of an Islamic judiciary? And second, how is this understanding reflected in the Saudi legal system, its laws, its institutions, and court practices?
Del 55 - Studies in Islamic Law and Society
Negotiating Homosexuality in Islam
A Legal-hermeneutical Examination of Modern Shīʿī Discourse
Inbunden, Engelska, 2024
1 468 kr
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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.
Del 58 - Studies in Islamic Law and Society
Ottoman Provincial Society and the Waqf of Jerusalem, 1703-1831
Inbunden, Engelska, 2026
2 335 kr
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This book examines early modern Jerusalem’s waqf system through an Ottoman provincial lens, analyzing how diverse social groups engaged with these endowments in judicial contexts. Conceptualizing waqfs—central to the city’s socioeconomic fabric and urban identity—as an interconnected “waqf network”, the research demonstrates the commodification of waqf offices among elites, and their enduring control over pious foundations. These processes reveal how provincial power structures mediated between imperial standards and local interests. Focusing on notable families who monopolized waqf-related privileges, the work reconstructs Jerusalemite society through multiple frameworks: imperial waqf policies, social hierarchies, notable–commoner relations, and intercommunal dynamics—positioning endowments as both economic assets and instruments of governance.Bu kitap, erken modern dönem Kudüs’ündeki vakıf sistemini Osmanlı taşra perspektifinden incelemekte ve çeşitli sosyal grupların bu vakıflarla hukuki bağlamda nasıl etkileşime girdiğini analiz etmektedir. Kentin sosyo-ekonomik dokusu ve kentsel kimlğinin merkezinde yer alan vakıfları birbiriyle bağlantılı bir “vakıf ağı” olarak kavramsallaştıran araştırma, seçkinler arasında vakıf görevlerinin metalaşması ve bu kesimin hayır kurumları üzerindeki kalıcı denetimlerini ortaya koymaktadır. Bu süreçler, taşradaki güç yapılarının imparatorluk standartlarıyla yerel menfaatler arasında nasıl aracılık ettiğini gözler önüne sermektedir. Vakıfla ilgili ayrıcalıkları tekelleştiren önemli ailelere odaklanan çalışma, Kudüs toplumunu çoklu çerçevelerle yeniden inşa etmektedir: imparatorluk vakıf politikaları, sosyal hiyerarşiler, seçkinler-halk ilişkileri ve cemaatler arası dinamikler. Böylece vakıflar, hem ekonomik varlıklar hem de yönetim araçları olarak konumlandırılmaktadır.