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This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.
Book Synopsis Legal Documents as Sources for the History of Muslim Societies by :
Download or read book Legal Documents as Sources for the History of Muslim Societies written by and published by BRILL. This book was released on 2017-06-06 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.
The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
Book Synopsis The Development of Islamic Law and Society in the Maghrib by : David Stephan Powers
Download or read book The Development of Islamic Law and Society in the Maghrib written by David Stephan Powers and published by Routledge. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Book Synopsis History of Islamic Law by : Noel Coulson
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.
Book Synopsis A History of Islamic Law by : N. Coulson
Download or read book A History of Islamic Law written by N. Coulson and published by Routledge. This book was released on 2017-07-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
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.
Book Synopsis Islamic Law, Tribal Customary Law and Waqf by : Aharon Layish
Download or read book Islamic Law, Tribal Customary Law and Waqf written by Aharon Layish and published by BRILL. This book was released on 2023-10-30 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Book Synopsis Land, Law and Islam by : Hilary Lim
Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Book Synopsis Dispensing Justice in Islam by : Muḥammad K̲ālid Masud
Download or read book Dispensing Justice in Islam written by Muḥammad K̲ālid Masud and published by BRILL. This book was released on 2006 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
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.
Book Synopsis Waqf in Zaydī Yemen by : Eirik Hovden
Download or read book Waqf in Zaydī Yemen written by Eirik Hovden and published by BRILL. This book was released on 2018-10-22 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Examining a series of processes (Islamization, Arabization, Africanization) and case studies from North, West and East Africa, this book gives snapshots of Muslim societies in Africa over the last millennium. In contrast to traditions which suggest that Islam did not take root in Africa, author David Robinson shows the complex struggles of Muslims in the Muslim state of Morocco and in the Hausaland region of Nigeria. He portrays the ways in which Islam was practiced in the 'pagan' societies of Ashanti (Ghana) and Buganda (Uganda) and in the ostensibly Christian state of Ethiopia - beginning with the first emigration of Muslims from Mecca in 615 CE, well before the foundational hijra to Medina in 622. He concludes with chapters on the Mahdi and Khalifa of the Sudan and the Murid Sufi movement that originated in Senegal, and reflections in the wake of the events of September 11, 2001.
Book Synopsis Muslim Societies in African History by : David Robinson
Download or read book Muslim Societies in African History written by David Robinson and published by Cambridge University Press. This book was released on 2004-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a series of processes (Islamization, Arabization, Africanization) and case studies from North, West and East Africa, this book gives snapshots of Muslim societies in Africa over the last millennium. In contrast to traditions which suggest that Islam did not take root in Africa, author David Robinson shows the complex struggles of Muslims in the Muslim state of Morocco and in the Hausaland region of Nigeria. He portrays the ways in which Islam was practiced in the 'pagan' societies of Ashanti (Ghana) and Buganda (Uganda) and in the ostensibly Christian state of Ethiopia - beginning with the first emigration of Muslims from Mecca in 615 CE, well before the foundational hijra to Medina in 622. He concludes with chapters on the Mahdi and Khalifa of the Sudan and the Murid Sufi movement that originated in Senegal, and reflections in the wake of the events of September 11, 2001.
