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Droit Musulman
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Book Synopsis Religion, Law and Learning in Classical Islam by : George Makdisi
Download or read book Religion, Law and Learning in Classical Islam written by George Makdisi and published by Routledge. This book was released on 2022-02-23 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of ’orthodoxy’. The author aims to review and re-assess the implications of the conflict between, first, the ’rationalist’ and the ’traditional’ theologians (the one accepting the influence of Greek philosophy, the other rejecting it), and then between one of these traditionalist schools - the Hanbali school of law - and Sufi mysticism. One of the most important consequences of the first of these confrontations, he contends, was the emergence of the schools of law as the guardians of the faith and theological orthodoxy. The final section of the book also looks at the structure of legal learning, at the institutions themselves, their organization and the principles upon which they operated. As well as entering the debate over the existence of corporations and guilds of law in classical Islam - maintaining that they did exist - these articles further suggest links between such institutions and the evolution of universities in the medieval West, and the Inns of Court in England, and discuss the Islamic and Arabic contribution to the concepts of academic amd intellectual freedom and to the development of scholasticism and humanism. Cette deuxième sélection d'articles de George Makdisi se concentre sur les écoles de pensée religieuse et d'apprentissage juridique dans le monde islamique médiéval et leur défense de « l'orthodoxie ». L'auteur entend passer en revue et réévaluer les implications du conflit entre d'abord les théologiens « rationalistes » et « traditionnels » (l'un acceptant l'influence de la philosophie grecque, l'autre la rejetant), puis entre l'un d'eux écoles traditionalistes - l'école de droit Hanbali - et le mysticisme soufi. L'une des conséquences les plus importantes de la première de ces confrontations, soutient-il, a été l'émergence des écoles de droit en tant que gardiennes de la foi et de l'orthodoxie théologique. La dernière section du livre examine également la structure de l'apprentissage juridique, les institutions elles-mêmes, leur organisation et les principes sur lesquels elles fonctionnent. En plus d'entrer dans le débat sur l'existence des corporations et des guildes de la loi dans l'Islam classique - maintenant qu'elles existaient - ces articles suggèrent en outre des liens entre de telles institutions et l'évolution des universités dans l'Occident médiéval, et les Inns of Court en Angleterre. , et discuter de la contribution islamique et arabe aux concepts de liberté académique et intellectuelle et au développement de la scolastique et de l'humanisme.
Book Synopsis Religion and Contract Law in Islam by : Valentino Cattelan
Download or read book Religion and Contract Law in Islam written by Valentino Cattelan and published by Taylor & Francis. This book was released on 2023-08-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context. In particular, the book shows that only by re-orienting traditional categories of Western law-religion toward the East can an alternative path of discovery for the ‘aqd be advanced. Hence, through a fortuitous encounter with an Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the ‘aqd but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while looking at her, the Arab Girl is already waiting for us to listen to the Islamic contract in a new way. By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic comparatists as well as to readers in anthropology, Islamic and cultural studies, and it is also of topical meaning for today’s international lawyers and the operators of an increasingly multicultural and transnational market.
Book Synopsis A History of the Early Islamic Law of Property by : Hiroyuki Yanagihashi
Download or read book A History of the Early Islamic Law of Property written by Hiroyuki Yanagihashi and published by BRILL. This book was released on 2021-10-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā.
Book Synopsis Contingency in a Sacred Law by : Baber Johansen
Download or read book Contingency in a Sacred Law written by Baber Johansen and published by BRILL. This book was released on 2023-09-29 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.
Book Synopsis Roman, Provincial and Islamic Law by : Patricia Crone
Download or read book Roman, Provincial and Islamic Law written by Patricia Crone and published by Cambridge University Press. This book was released on 2002-07-18 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tests the hypothesis that Roman law was a formative influence on Islamic law.
Book Synopsis Droit Musulman by : Édouard Sautayra
Download or read book Droit Musulman written by Édouard Sautayra and published by Nabu Press. This book was released on 2013-09 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
Book Synopsis Islamic Law (RLE Politics of Islam) by : Aziz Al-Azmeh
Download or read book Islamic Law (RLE Politics of Islam) written by Aziz Al-Azmeh and published by Routledge. This book was released on 2013-06-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.
Author :Academie de Droit International de la Haye Publisher :Martinus Nijhoff Publishers ISBN 13 :9789024737260 Total Pages :468 pages Book Rating :4.7/5 (372 download)
Book Synopsis L'Influence de la religion dans le droit international privé des pays musulmans by : Academie de Droit International de la Haye
Download or read book L'Influence de la religion dans le droit international privé des pays musulmans written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1988-05-16 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Book Synopsis Islamic Law and Civil Code by : Richard A. Debs
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Book Synopsis The Anthropology of Justice by : Lawrence Rosen
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.
Book Synopsis Sex, Law, and Sovereignty in French Algeria, 1830–1930 by : Judith Surkis
Download or read book Sex, Law, and Sovereignty in French Algeria, 1830–1930 written by Judith Surkis and published by Cornell University Press. This book was released on 2019-12-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a masterful study of the ways in which sex and law were inextricably intertwined in the elaboration of French rule in Algeria. Its great virtue is to demonstrate in careful detail, with an impressive range of material (from court records to novels), exactly how the conquest of Algeria repeatedly challenged the very ideals of the secular universalism in whose name colonization was carried out.― Joan Wallach Scott, author of Sex and Secularism During more than a century of colonial rule over Algeria, the French state shaped and reshaped the meaning and practice of Muslim law by regulating it and circumscribing it to the domain of family law, while applying the French Civil Code to appropriate the property of Algerians. In Sex, Law, and Sovereignty in French Algeria, 1830–1930, Judith Surkis traces how colonial authorities constructed Muslim legal difference and used it to deny Algerian Muslims full citizenship. In disconnecting Muslim law from property rights, French officials increasingly attached it to the bodies, beliefs, and personhood. Surkis argues that powerful affective attachments to the intimate life of the family and fantasies about Algerian women and the sexual prerogatives of Muslim men, supposedly codified in the practices of polygamy and child marriage, shaped French theories and regulatory practices of Muslim law in fundamental and lasting ways. Women's legal status in particular came to represent the dense relationship between sex and sovereignty in the colony. This book also highlights the ways in which Algerians interacted with and responded to colonial law. Ultimately, this sweeping legal genealogy of French Algeria elucidates how "the Muslim question" in France became—and remains—a question of sex.
Book Synopsis Applying the Canon in Islam by : Brannon M. Wheeler
Download or read book Applying the Canon in Islam written by Brannon M. Wheeler and published by SUNY Press. This book was released on 1996-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues how the notion of "canon" is used to authorize and maintain certain types of interpretive reasoning and the social institutions that employ them.
Book Synopsis Issues in Islamic Law by : MashoodA. Baderin
Download or read book Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Book Synopsis Muslim Law Courts and the French Colonial State in Algeria by : Allan Christelow
Download or read book Muslim Law Courts and the French Colonial State in Algeria written by Allan Christelow and published by Princeton University Press. This book was released on 2014-07-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Allan Christelow examines the Muslim courts of Algeria from 1854, when the French first intervened in Islamic legal matters, through the gradual subordination of the courts and judges that went on until World War I. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis Islamic Law and Finance by : Chibli Mallat
Download or read book Islamic Law and Finance written by Chibli Mallat and published by BRILL. This book was released on 1988 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since banking and financial industries in countries observing Islamic law and the Shari'a are growing fast, it is essential for the West to obtain a better understanding of the interaction between Islamic law and finance. As all financial business is bound by the Shari'a, western lawyers and economists must consider the extent to which flexibility exists in the western system whereby the two systems, western and Islamic, can be brought closer together. This book presents a collection of papers from distinguishesd authors analysing the various attempts to establish a system of Islamic law and finance and it investigates the modes of operations of institutions adopting the Islamic system, drawing on examples such as Malaysia, Iran and Pakistan, ans Egypt - all of which are international and cover a large economically significant area of operations, laws and taxation systems.
Book Synopsis Islamic Law and Finance by : Frank E. Vogel
Download or read book Islamic Law and Finance written by Frank E. Vogel and published by BRILL. This book was released on 1998-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.
Book Synopsis A Bibliography of Islamic Law, 1980-1993 by : Laila Al-Zwaini
Download or read book A Bibliography of Islamic Law, 1980-1993 written by Laila Al-Zwaini and published by BRILL. This book was released on 2021-12-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.
