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Author : Holger Michael Zellentin
Publisher :
ISBN 13 : 9783161627019
Total Pages : 0 pages
Book Rating : 4.6/5 (27 download)
Download or read book The Qur'ān's Legal Culture written by Holger Michael Zellentin and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Holger Michael Zellentin
Publisher :
ISBN 13 : 9783161527203
Total Pages : 0 pages
Book Rating : 4.5/5 (272 download)
Download or read book The Qurʼān's Legal Culture written by Holger Michael Zellentin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Qur'ān, emphasizing ritual purity and the role of Jesus as giver of God's positive law, preserves aspects of an earlier Jesus movement that most Christian groups diluted or rejected. The Didascalia Apostolorum, a late ancient church order, records a significant number of the laws promulgated in the Qur'ān, but does not fully endorse them when it comes to purity. Likewise, the Didascalia' legal narratives about the Israelites and about Jesus, as well as the legal and theological vocabulary of the Syriac (Eastern Christian Aramaic) version of the Didascalia, recurrently show kinship with the Arabic Qur'ān, amplifying the apparent affinities between the two texts. The Qur'ān, however, is not "based" on the Didascalia in any direct way; detailed comparison of the two documents illustrates the absence of textual influence in either direction. Both texts should rather be read against the background of the practices and the oral discourse shared by their respective audiences: a common legal culture.
Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)
Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Author : Ahmed E. Souaiaia
Publisher : State University of New York Press
ISBN 13 : 0791478572
Total Pages : 214 pages
Book Rating : 4.7/5 (914 download)
Download or read book Contesting Justice written by Ahmed E. Souaiaia and published by State University of New York Press. This book was released on 2010-03-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.
Author : Thomas Bauer
Publisher : Columbia University Press
ISBN 13 : 0231553323
Total Pages : 244 pages
Book Rating : 4.2/5 (315 download)
Download or read book A Culture of Ambiguity written by Thomas Bauer and published by Columbia University Press. This book was released on 2021-06-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Western imagination, Islamic cultures are dominated by dogmatic religious norms that permit no nuance. Those fighting such stereotypes have countered with a portrait of Islam’s medieval “Golden Age,” marked by rationality, tolerance, and even proto-secularism. How can we understand Islamic history, culture, and thought beyond this dichotomy? In this magisterial cultural and intellectual history, Thomas Bauer reconsiders classical and modern Islam by tracing differing attitudes toward ambiguity. Over a span of many centuries, he explores the tension between one strand that aspires to annihilate all uncertainties and establish absolute, uncontestable truths and another, competing tendency that looks for ways to live with ambiguity and accept complexity. Bauer ranges across cultural and linguistic ambiguities, considering premodern Islamic textual and cultural forms from law to Quranic exegesis to literary genres alongside attitudes toward religious minorities and foreigners. He emphasizes the relative absence of conflict between religious and secular discourses in classical Islamic culture, which stands in striking contrast to both present-day fundamentalism and much of European history. Bauer shows how Islam’s encounter with the modern West and its demand for certainty helped bring about both Islamicist and secular liberal ideologies that in their own ways rejected ambiguity—and therefore also their own cultural traditions. Awarded the prestigious Leibniz Prize, A Culture of Ambiguity not only reframes a vast range of Islamic history but also offers an interdisciplinary model for investigating the tolerance of ambiguity across cultures and eras.
Author : Shahid Ashraf
Publisher :
ISBN 13 : 9788126127436
Total Pages : 421 pages
Book Rating : 4.1/5 (274 download)
Download or read book Legal Culture of Islam written by Shahid Ashraf and published by . This book was released on 2006-01-01 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shahid Ashraf
Publisher :
ISBN 13 :
Total Pages : 434 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Culture in Islam written by Shahid Ashraf and published by . This book was released on 2006 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Yasin Dutton
Publisher : Routledge
ISBN 13 : 1136110747
Total Pages : 282 pages
Book Rating : 4.1/5 (361 download)
Download or read book The Origins of Islamic Law written by Yasin Dutton and published by Routledge. This book was released on 2013-09-05 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Author : Lawrence Rosen
Publisher : Cambridge University Press
ISBN 13 : 9780521367400
Total Pages : 136 pages
Book Rating : 4.3/5 (674 download)
Download or read book The Anthropology of Justice written by Lawrence Rosen and published by Cambridge University Press. This book was released on 1989-06-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author : Yasin Dutton
Publisher : Routledge
ISBN 13 : 1136110666
Total Pages : 280 pages
Book Rating : 4.1/5 (361 download)
Download or read book The Origins of Islamic Law written by Yasin Dutton and published by Routledge. This book was released on 2013-09-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 9780521803328
Total Pages : 252 pages
Book Rating : 4.8/5 (33 download)
Download or read book The Origins and Evolution of Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2004-12-09 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering more than three centuries of legal history, this study presents an important account of how Islam developed its own law from ancient Near Eastern legal cultures, Arabian customary law and Quranic reform. The book explores the interplay between law and politics, demonstrating how the jurists and ruling elite led a symbiotic existence that paradoxically allowed Islamic law to become uniquely independent of the "state."
Author :
Publisher :
ISBN 13 : 9780511264849
Total Pages : 234 pages
Book Rating : 4.2/5 (648 download)
Download or read book The Origins and Evolution of Islamic Law written by and published by . This book was released on 2005 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering more than three centuries of legal history, this study presents an important account of how Islam developed its own law from ancient Near Eastern legal cultures, Arabian customary law and Quranic reform. The book explores the interplay between law and politics, demonstrating how the jurists and ruling elite led a symbiotic existence that paradoxically allowed Islamic law to become uniquely independent of the "state."
Author : Iza R. Hussin
Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)
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, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author : Peri Bearman
Publisher : Routledge
ISBN 13 : 1317043065
Total Pages : 356 pages
Book Rating : 4.3/5 (17 download)
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 356 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.
Author : Lawrence Rosen
Publisher : Oxford University Press, USA
ISBN 13 : 9780198298847
Total Pages : 258 pages
Book Rating : 4.2/5 (988 download)
Download or read book The Justice of Islam written by Lawrence Rosen and published by Oxford University Press, USA. This book was released on 2000 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.
Author : Alberto Febbrajo
Publisher : Taylor & Francis
ISBN 13 : 1351040324
Total Pages : 443 pages
Book Rating : 4.3/5 (51 download)
Download or read book Law, Legal Culture and Society written by Alberto Febbrajo and published by Taylor & Francis. This book was released on 2018-07-04 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
Author : Lena Salaymeh
Publisher : Cambridge University Press
ISBN 13 : 1107133025
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
