Download or read book Literature and the Islamic Court written by Erez Naaman and published by Routledge. This book was released on 2016-02-12 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts were the most important frameworks for the production, performance, and evaluation of literature in medieval Islamic civilization. Patrons vying for prestige attracted to their courts literary people who sought their financial support. The most successful courts assembled outstanding literary people from across the region. The court of the vizier and literary person al-Sahib Ibn ʿAbbad (326-385/938-995) in western Iran is one of the most remarkable examples of a medieval Islamic court, with a sophisticated literary activity in Arabic (and, to a lesser extent, in Persian). Literature and the Islamic Court examines the literary activity at the court of al-Sahib and sheds light on its functional logic. It is an inquiry into the nature of a great medieval court, where various genres of poetry and prose were produced, performed, and evaluated regularly. Major aspects examined in the book are the patterns of patronage, selection, and auditioning; the cultural codes and norms governing performance, production, and criticism; the interaction between the patron and courtiers and among the courtiers themselves; competition; genres as productive molds; the hegemonic literary taste; and the courtly habitus. This book reveals the significance these courts held as institutions that were at the heart of literary production in Arabic. Using primary medieval Arabic sources, this book offers a comprehensive analysis of Islamic courts and as such is of key interest to students and scholars of Arabic literature, Islamic history and medieval studies.
Download or read book An Islamic Court in Context written by E. Stiles and published by Springer. This book was released on 2009-10-26 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stiles utilizes in-depth ethnographic study of judicial reasoning and litigant activity in Islamic family court in Zanzibar, Tanzania to draw new and important conclusions on how people understand and use Islamic legal ideas in marital disputes.
Download or read book Justice and Leadership in Early Islamic Courts written by Intisar A. Rabb and published by Harvard Series in Islamic Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Download or read book Court Cultures in the Muslim World written by Albrecht Fuess and published by Routledge. This book was released on 2014-06-03 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.
Download or read book Harmonizing Similarities written by Elias G. Saba and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-10-08 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.
Download or read book Court Cultures in the Muslim World written by Albrecht Fuess and published by Routledge. This book was released on 2014-06-03 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.
Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2018-03-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Download or read book The Expert Witness in Islamic Courts written by Ron Shaham and published by University of Chicago Press. This book was released on 2010-04-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Download or read book Sharia Transformations written by Michael G. Peletz and published by University of California Press. This book was released on 2020-03-17 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Download or read book Recasting Islamic Law written by Rachel M. Scott and published by Cornell University Press. This book was released on 2021-03-15 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Download or read book The Long Divergence written by Timur Kuran and published by Princeton University Press. This book was released on 2012-11-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.
Download or read book In the House of the Law written by Judith E. Tucker and published by Univ of California Press. This book was released on 2023-04-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.
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.
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.
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.
