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Islamic Law And Culture 1600 1840
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Book Synopsis Islamic Law and Culture, 1600-1840 by : Haim Gerber
Download or read book Islamic Law and Culture, 1600-1840 written by Haim Gerber and published by BRILL. This book was released on 1999-01-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Islamic law in the final phase of its pre-modern period of existence is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state. Readership: All those interested in Islamic law, the Middle East under the Ottomans, Islam and civil society, Islam and the state.
Book Synopsis Islamic Law and Culture, 1600-1840 by : Haim Gerber
Download or read book Islamic Law and Culture, 1600-1840 written by Haim Gerber and published by BRILL. This book was released on 2024-01-08 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.
Book Synopsis Society, Law, and Culture in the Middle East by : Dror Ze’evi
Download or read book Society, Law, and Culture in the Middle East written by Dror Ze’evi and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-10-29 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Society, Law, and Culture in the Middle East:“Modernities” in the Making is an edited volume that seeks to deepen and broaden our understanding of various forms of change in Middle Eastern and North African societies during the Ottoman period. It offers an in-depth analysis of reforms and gradual change in the longue durée, challenging the current discourse on the relationship between society, culture, and law. The focus of the discussion shifts from an external to an internal perspective, as agency transitions from “the West” to local actors in the region. Highlighting the ongoing interaction between internal processes and external stimuli, and using primary sources in Arabic and Ottoman Turkish, the authors and editors bring out the variety of modernities that shaped south-eastern Mediterranean history. The first part of the volume interrogates the urban elite household, the main social, political, and economic unit of networking in Ottoman societies. The second part addresses the complex relationship between law and culture, looking at how the legal system, conceptually and practically, undergirded the socio-cultural aspects of life in the Middle East. Society, Law, and Culture in the Middle East consists of eleven chapters, written by well-established and younger scholars working in the field of Middle East and Islamic Studies. The editors, Dror Ze'evi and Ehud R. Toledano, are both leading historians, who have published extensively on Middle Eastern societies in the Ottoman and post-Ottoman periods.
Book Synopsis Islamic Law on Peasant Usufruct in Ottoman Syria by : Sabrina Joseph
Download or read book Islamic Law on Peasant Usufruct in Ottoman Syria written by Sabrina Joseph and published by BRILL. This book was released on 2012-05-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The House of Service by : David Tittensor
Download or read book The House of Service written by David Tittensor and published by Oxford University Press. This book was released on 2014-02-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Tittensor offers a groundbreaking new perspective on the Gülen movement, a Turkish Muslim educational activist network that emerged in the 1960s and has grown into a global empire with an estimated worth of $25 billion. Named after its leader Fethullah Gülen, the movement has established more than 1,000 secular educational institutions in over 140 countries, aiming to provide holistic education that incorporates both spirituality and the secular sciences. Despite the movement's success, little is known about how its schools are run, or how Islam is operationalized. Drawing on thirteen months of ethnographic fieldwork in Turkey, Tittensor explores the movement's ideo-theology and how it is practiced in the schools. His interviews with both teachers and graduates from Africa, Indonesia, Central Asia, and Turkey show that the movement is a missionary organization, but of a singular kind: its goal is not simply widespread religious conversion, but a quest to recoup those Muslims who have apparently lost their way and to show non-Muslims that Muslims can embrace modernity and integrate into the wider community. Tittensor also examines the movement's operational side and shows how the schools represent an example of Mohammad Yunus's social business model: a business with a social cause at its heart. The House of Service is an insightful exploration of one of the world's largest transnational Muslim associations, and will be invaluable for those seeking to understand how Islam will be perceived and practiced in the future.
Book Synopsis Pragmatism in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Pragmatism in Islamic Law written by Ahmed Fekry Ibrahim and published by Syracuse University Press. This book was released on 2015-04-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as "pragmatic eclecticism," emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
Book Synopsis The Ashgate Research Companion to Islamic Law by : Peri Bearman
Download or read book The Ashgate Research Companion to Islamic Law written by Peri Bearman and published by Routledge. This book was released on 2016-03-16 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
Book Synopsis Between God and the Sultan by : Knut S. Vikør
Download or read book Between God and the Sultan written by Knut S. Vikør and published by Oxford University Press, USA. This book was released on 2005 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Download or read book Law as Culture written by Lawrence Rosen and published by Princeton University Press. This book was released on 2017-03-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.
Book Synopsis The Politics of Islamic Law by : Iza R. Hussin
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "The Politics of Islamic Law" political scientist Iza Hussin offers a genealogy of contemporary Islamic law, a political analysis of elite negotiations over religion, state, and society in the British colonial period, and a history of current Muslim approaches to law, state, and identity. Hussin argues that Islamic law as it is legislated and debated throughout the Muslim world today is no longer the "shari ah" as it previously existed. She shows that shari ah an uncodified and locally administered set of legal institutions and laws with wide-ranging jurisdiction was transformed (not eradicated as some have argued) during the British colonial period into a codified, state-centered system with jurisdiction largely limited to law regarding family, personal status, ethnic identity, and the private domain. As a result, the practices, beliefs, and possibilities inherent in law, changed, and so did the strategies, attitudes and aspirations of those who used this changing system. Its present institutional forms, its substantive content, its symbolic vocabulary, and its relationship to state and society in short, its politics are built upon foundations laid during the colonial encounter, in struggles between local and colonial elites. "The Politics of Islamic Law" undertakes a cross-regional comparison of India, Malaya, and Egypt which illustrates that Islamic law is a trans-global product shaped by local political networks. The rearrangement of the local elite combined with the new reach of the state made possible by colonial power gave local elites a vested interest in this twinning of the centrality of Islamic legitimacy and the marginalization of its legal content. These processes are traced through close examinations of debates over jurisdiction, the definition of Islamic law, and in turn the nature of the state. This work makes an important contribution to critical debates in comparative politics, history, legal anthropology, comparative law, and Islamic studies."
Book Synopsis Selim III, Social Control and Policing in Istanbul at the End of the Eighteenth Century by : Betül Başaran
Download or read book Selim III, Social Control and Policing in Istanbul at the End of the Eighteenth Century written by Betül Başaran and published by BRILL. This book was released on 2014-07-10 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Selim III, Social Order and Policing in Istanbul at the End of the Eighteenth Century Betül Başaran examines Selim III’s social control measures and Istanbul’s dynamic population, urging us to go beyond mechanistic models of borrowing that focus primarily on European influence in discussions of Ottoman “modernity”.
Book Synopsis Custom in Islamic Law and Legal Theory by : Ayman Shabana
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Book Synopsis The Second Formation of Islamic Law by : Guy Burak
Download or read book The Second Formation of Islamic Law written by Guy Burak and published by Cambridge University Press. This book was released on 2015-01-12 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.
Book Synopsis Islamic Law and Empire in Ottoman Cairo by : James E. Baldwin
Download or read book Islamic Law and Empire in Ottoman Cairo written by James E. Baldwin and published by Edinburgh University Press. This book was released on 2016-12-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Book Synopsis Law, Society and Culture in the Maghrib, 1300-1500 by : David S. Powers
Download or read book Law, Society and Culture in the Maghrib, 1300-1500 written by David S. Powers and published by Cambridge University Press. This book was released on 2002-09-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.
Book Synopsis Islamic Law in Circulation by : Mahmood Kooria
Download or read book Islamic Law in Circulation written by Mahmood Kooria and published by Cambridge University Press. This book was released on 2022-03-31 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Circulation networks -- Circulatory texts -- Architecture of encounters -- The Code -- The commentary -- The autocommentary -- The supercommentar -- The translations.
Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
