Download or read book Rule Formulation and Binding Precedent in the Madhhab Law Tradition written by Talal Al-Azem and published by BRILL. This book was released on 2016-11-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.
Download or read book Transformations of Tradition written by Junaid Quadri and published by Oxford University Press. This book was released on 2021-02-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transformations of Tradition probes how the encounter with colonial modernity conditioned Islamic jurists' conceptualizations of the shari'a. Departing from the tendency to focus on reformist-minded thinkers and politically charged issues, Junaid Quadri directs his attention towards the overlooked jurisprudential writings of Muhammad Bakhit al-Muti-i (1854-1935), Mufti of Egypt and a frequent critic of the famed reformists Muhammad 'Abduh and Rashid Rida. There, he locates a remarkable series of foundational intellectual shifts. Offering a fresh perspective on a pivotal period in the history of Islamic thought, Quadri tracks how Bakhit reworks the relationship of the shari'a to categories of understanding as fundamental as history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned. Through close readings of complex legal texts and mining of oft-neglected archives, this carefully researched study situates its argument in both the contested scholarly world of a quickly-changing Cairo, and the transregional school of Hanafi law as represented by jurists writing in Kazan, Lucknow, and Baghdad. Examining Islamic jurisprudential discourse in the colonial moment, Transformations of Tradition uncovers a shari'a that is neither a medieval holdover nor merely a pragmatic concession to the demands of a new world, but rather deeply entangled with the epistemological commitments of colonial modernity.
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 281 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 Islam and Law in Lebanon written by Morgan Clarke and published by Cambridge University Press. This book was released on 2018-06-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic account of the sharia in Lebanon as both state law and as personal ethics.
Download or read book Locating the Shar a written by Sohaira Siddiqui and published by BRILL. This book was released on 2018-02-04 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
Download or read book Beyond the Binary written by Saadia Yacoob and published by Univ of California Press. This book was released on 2024-05-07 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.
Download or read book Legal Maxims in Islamic Law written by Necmettin Kızılkaya and published by BRILL. This book was released on 2021-03-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.
Download or read book The Rise of Critical Islam written by Youcef L. Soufi and published by Oxford University Press. This book was released on 2023-04-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munā.zara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Is.hāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
Download or read book Beyond Authenticity Alternative Approaches to Hadith Narrations and Collections written by Mohammad Gharaibeh and published by BRILL. This book was released on 2023-04-12 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The studies in this volume go beyond the question of the authenticity of Prophetic narrations. By approaching hadith narrations and literature from various perspectives, the authors seek to push the field of Hadith Studies in a new and promising direction.
Download or read book The Scandal of Continuity in Middle East Anthropology written by Judith Scheele and published by Indiana University Press. This book was released on 2019-09-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An exciting and intellectually fluent work that avoids most of the clichés of contemporary anthropological thought.” —Gregory Starrett, coeditor of Teaching Islam: Textbooks and Religion in the Middle East Despite a rich history of ethnographic research in Middle Eastern societies, the region is frequently portrayed as marginal to anthropology. The contributors to this volume reject this view and show how the Middle East is in fact vital to the discipline and how Middle Eastern anthropologists have developed theoretical and methodological tools that address and challenge the region’s political, ethical, and intellectual concerns. The contributors are students of Paul Dresch, an anthropologist known for his incisive work on Yemeni tribalism and customary law. As they expand upon his ideas and insights, these essays ask questions that have long preoccupied anthropologists, such as how do place, point of view, and style combine to create viable bodies of knowledge; how is scholarship shaped by the historical context in which it is located; and why have duration and form become so problematic in the study of Middle Eastern societies? Special attention is given to understanding local terms, contested knowledge claims, what remains unseen and unsaid in social life, and to cultural patterns and practices that persist over long stretches of time, seeming to predate and outlast events. Ranging from Morocco to India, these essays offer critical but sensitive approaches to cultural difference and the distinctiveness of the anthropological project in the Middle East.
Download or read book Heresy and the Formation of Medieval Islamic Orthodoxy written by Ahmad Khan and published by Cambridge University Press. This book was released on 2023-03-31 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the eighth and eleventh centuries, many defining features of classical Sunni Islam began to take shape. Among these was the formation of medieval Sunnism around the belief in the unimpeachable orthodoxy of four eponymous founders and their schools of law. In this original study, Ahmad Khan explores the history and cultural memory of one of these eponymous founders, Abū Ḥanīfa. Showing how Abū Ḥanīfa evolved from being the object of intense religious exclusion to a pillar of Sunni orthodoxy, Khan examines the concepts of orthodoxy and heresy, and outlines their changing meanings over the course of four centuries. He demonstrates that orthodoxy and heresy were neither fixed theological categories, nor pious fictions, but instead were impacted by everything from law and politics, to society and culture. This book illuminates the significant yet often neglected transformations in Islamic social, political and religious thought during this vibrant period.
Download or read book Islamic Sensory History written by and published by BRILL. This book was released on 2024-07-25 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Sensory History, Volume 2: 600–1500 presents a selection of texts translated into English from Arabic and Persian. These selected texts all offer illustrative engagements with issues related to the sensorium in different times, places, and social milieus throughout the early and medieval history of Islamic societies. Each chapter is prefaced by an introductory essay by the translator, with specific attention to the role of the senses in the translated text’s language, genre, and social context. Contributors Eyad Abuali, Tanvir Ahmed, Hanif Amin Beidokhti, Shahzad Bashir, Maroussia Bednarkiewicz, David Bennett, Hinrich Biesterfeldt, Julie Bonnéric, Adam Bursi, Fatih Han, Rotraud Hansberger, Jan Hogendijk, Domenico Ingenito, Anya King, Hannelies Koloska, Christian Lange, Danilo Marino, Richard McGregor, Pernilla Myrne, Nawal Nasrallah, Zhinia Noorian, Austin O’Malley, Franz Rosenthal (†), Everett K. Rowson, Abdelhamid I. Sabra (†), George Sawa, Asghar Seyed-Gohrab, Jocelyn Sharlet, Cornelis van Lit, Geert Jan van Gelder, James Weaver, Ines Weinrich, Brannon Wheeler, Alan Williams, Cyrus Ali Zargar.
Download or read book ShariE a in the Russian Empire written by Sartori Paolo Sartori and published by Edinburgh University Press. This book was released on 2020-01-07 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million. It focuses on the training of Russian Muslim jurists, the debates over legal authority within Muslim communities and the relationship between Islamic law and 'customary' law. Based upon difficult to access sources written in a variety of languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), it offers scholars of Russian history, Islamic history and colonial history an account of Islamic law in Russia of the same quality and detail as the scholarship currently available on Islam in the British and French colonial empires.
Download or read book Rules and ethics written by Morgan Clarke and published by Manchester University Press. This book was released on 2021-08-10 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the pronounced enthusiasm that many traditions display for codes of ethics characterised by a multitude of rules. Recent anthropological interest in ethics and historical explorations of ‘self-fashioning’ have led to extensive study of the virtuous self, but existing scholarship tends to pass over the kind of morality that involves legalistic reasoning. Rules and ethics corrects that omission by demonstrating the importance of rules in everyday moral life in a variety of contexts. In a nutshell, it argues that legalistic moral rules are not necessarily an obstruction to a rounded ethical self, but can be an integral part of it. An extended introduction first sets out the theoretical basis for studies of ethical systems that are characterised by detailed rules. This is followed by a series of empirical studies of rule-oriented moral traditions in a comparative perspective.
Download or read book Minor Marriage in Early Islamic Law written by Carolyn Baugh and published by BRILL. This book was released on 2017-06-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
