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Law Society And Culture In The Maghrib 1300 1500
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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 Law, Empire, and the Sultan by : Samy A. Ayoub
Download or read book Law, Empire, and the Sultan written by Samy A. Ayoub and published by Oxford University Press. This book was released on 2019-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Book Synopsis The Development of Islamic Law and Society in the Maghrib by : David S. Powers
Download or read book The Development of Islamic Law and Society in the Maghrib written by David S. Powers and published by Routledge. This book was released on 2022-02-14 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first eleven essays in this collection treat the application of Islamic law in qadi courts in the Maghrib in the period between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), the essays examine family law cases involving legal minority, guardianship, divorce, inheritance, bequests, and endowments. Cumulatively, the cases bear witness to the effectiveness and efficiency of the Islamic judicial system in this period. Contrary to popular perceptions, the cases demonstrate that Muslim jurists placed a high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted with, and shaped, each other. 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 Islamic Law in Action by : Kristen Stilt
Download or read book Islamic Law in Action written by Kristen Stilt and published by OUP Oxford. This book was released on 2012-01-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
Book Synopsis Law and the Islamization of Morocco under the Almoravids by : Camilo Gómez-Rivas
Download or read book Law and the Islamization of Morocco under the Almoravids written by Camilo Gómez-Rivas and published by BRILL. This book was released on 2014-11-20 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147).
Book Synopsis The Rule of Laws by : Fernanda Pirie
Download or read book The Rule of Laws written by Fernanda Pirie and published by Basic Books. This book was released on 2021-11-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
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 Authority and Identity in Medieval Islamic Historiography by : Mimi Hanaoka
Download or read book Authority and Identity in Medieval Islamic Historiography written by Mimi Hanaoka and published by Cambridge University Press. This book was released on 2016-09-09 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative exploration of the local histories of the Persianate world and its preoccupation with identity, authority, and legitimacy.
Book Synopsis The New Cambridge History of Islam: Volume 4, Islamic Cultures and Societies to the End of the Eighteenth Century by : Robert Irwin
Download or read book The New Cambridge History of Islam: Volume 4, Islamic Cultures and Societies to the End of the Eighteenth Century written by Robert Irwin and published by Cambridge University Press. This book was released on 2010-11-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Irwin's authoritative introduction to the fourth volume of The New Cambridge History of Islam offers a panoramic vision of Islamic culture from its origins to around 1800. The introductory chapter, which highlights key developments and introduces some of Islam's most famous protagonists, paves the way for an extraordinarily varied collection of essays. The themes treated include religion and law, conversion, Islam's relationship with the natural world, governance and politics, caliphs and kings, philosophy, science, medicine, language, art, architecture, literature, music and even cookery. What emerges from this rich collection, written by an international team of experts, is the diversity and dynamism of the societies which created this flourishing civilization. Volume four of The New Cambridge History of Islam serves as a thematic companion to the three preceding, politically oriented volumes, and in coverage extends across the pre-modern Islamic world.
Book Synopsis Marriage, Money and Divorce in Medieval Islamic Society by : Yossef Rapoport
Download or read book Marriage, Money and Divorce in Medieval Islamic Society written by Yossef Rapoport and published by Cambridge University Press. This book was released on 2005-04-21 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.
Book Synopsis Islamic Natural Law Theories by : Anver M. Emon
Download or read book Islamic Natural Law Theories written by Anver M. Emon and published by Oxford University Press. This book was released on 2010-04-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
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.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Book Synopsis Islam, Literature and Society in Mongol Anatolia by : A. C. S. Peacock
Download or read book Islam, Literature and Society in Mongol Anatolia written by A. C. S. Peacock and published by Cambridge University Press. This book was released on 2019-10-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new understanding of the transformation of Anatolia to a Muslim society in the thirteenth-fourteenth centuries based on previously unpublished sources.
Book Synopsis Muslim Perceptions and Receptions of the Bible by : Camilla Adang
Download or read book Muslim Perceptions and Receptions of the Bible written by Camilla Adang and published by Lockwood Press. This book was released on 2019-07-24 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles brought together in this volume deal with Muslim perceptions and uses of the Bible in its wider sense, including the Hebrew Bible or Old Testament as well as the New Testament, albeit with an emphasis on the former scripture. While Muslims consider the earlier revelations to the People of the Book to have been altered to some extent by the Jews and the Christians and abrogated by the Qurʾān, God's final dispensation to humankind, the Bible is at the same time venerated in view of its divine origin, and questioning this divine origin is tantamount to unbelief. Muslim scholars approached and used the Bible for a variety of purposes and in different ways. Thus Muslim historians regularly relied on biblical materials as their primary source for the pre-Islamic period when discussing the creation as well as the history of the Israelites and the prophets preceding Muḥammad. Authors seeking to polemicize against Jews and Christians were primarily interested in the presumed biblical annunciations of Muḥammad and his religion and / or in perceived contradictions and cases of internal abrogation in the Bible. These various concerns resulted from and had an impact on the ways in which Muslim authors accessed the scriptures.
Book Synopsis The Anthropology of Islamic Law by : Aria Nakissa
Download or read book The Anthropology of Islamic Law written by Aria Nakissa and published by Oxford University Press. This book was released on 2019-04-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.
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.
