Download or read book Islamic Law and Culture 1600 1840 written by Haim Gerber and published by BRILL. This book was released on 1999-01-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Islamic law in the final phase of its pre-modern period of existence is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state. Readership: All those interested in Islamic law, the Middle East under the Ottomans, Islam and civil society, Islam and the state.
Download or read book Islamic Law and Culture 1600 1840 written by Haim Gerber and published by BRILL. This book was released on 2024-01-08 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.
Download or read book A History of Islamic Law written by Noel J. Coulson and published by . This book was released on 1946 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Intellectual History in the Seventeenth Century written by Khaled El-Rouayheb and published by Cambridge University Press. This book was released on 2015-07-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of the twentieth century, the intellectual life of the Ottoman and Arabic-Islamic world in the seventeenth century was ignored or mischaracterized by historians. Ottomanists typically saw the seventeenth century as marking the end of Ottoman cultural florescence, while modern Arab nationalist historians tended to see it as yet another century of intellectual darkness under Ottoman rule. This book is the first sustained effort at investigating some of the intellectual currents among Ottoman and North African scholars of the early modern period. Examining the intellectual production of the ranks of learned ulema (scholars) through close readings of various treatises, commentaries, and marginalia, Khaled El-Rouayheb argues for a more textured - and text-centered - understanding of the vibrant exchange of ideas and transmission of knowledge across a vast expanse of Ottoman-controlled territory.
Download or read book Islamic Public Law Islamic Law in Theory and Practice written by Ahmed Akgunduz and published by IUR Press. This book was released on 2011-11-01 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”
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 2004-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, relied mainly on the legal texts and hadith collections dating from the eighth and ninth centuries, provides an illuminating account of how rules regulating various transactions were formed, developped and synthesized in the formative period of Islamic law.
Download or read book Islamic Family Law in a Changing World written by ʻAbd Allāh Aḥmad Naʻīm and published by Zed Books. This book was released on 2002-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Download or read book Islamic Law on Peasant Usufruct in Ottoman Syria written by Sabrina Joseph and published by BRILL. This book was released on 2012-05-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Download or read book Religion and the Global Politics of Human Rights written by Thomas Banchoff and published by Oxford University Press. This book was released on 2011-05-04 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are human rights universal or the product of specific cultures? Is democracy a necessary condition for the achievement of human rights in practice? And when, if ever, is it legitimate for external actors to impose their understandings of human rights upon particular countries? In the contemporary context of globalization, these questions have a salient religious dimension. Religion intersects with global human rights agendas in multiple ways, including: whether ''universal'' human rights are in fact an imposition of Christian understandings; whether democracy, the ''rule of the people,'' is compatible with God's law; and whether international efforts to enforce human rights including religious freedom amount to an illicit imperialism. This book brings together leading specialists across disciplines for the first major survey of the religious politics of human rights across the world's major regions, political systems, and faith traditions. The authors take a bottom-up approach and focus particularly on hot-button issues like human rights in Islam, Falun Gong in China, and religion in the former Soviet Union. Each essay examines the interaction of human rights and religion in practice and the challenges they pose for national and international policymakers.
Download or read book The Second Formation of Islamic Law written by Guy Burak and published by Cambridge University Press. This book was released on 2015-01-12 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.
Download or read book Cultural Sociology of the Middle East Asia and Africa written by Andrea L. Stanton and published by SAGE Publications. This book was released on 2012-01-05 with total page 1977 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our age of globalization and multiculturalism, it has never been more important for Americans to understand and appreciate foreign cultures and how people live, love, and learn in areas of the world unfamiliar to most U.S. students and the general public. The four volumes in our cultural sociology reference encyclopedia take a step forward in this endeavor by presenting concise information on those regions likely to be most "foreign" to U.S. students: the Middle East, Asia, and Africa. The intent is to convey what daily life is like for people in these selected regions. It is hoped entries within these volumes will aid readers in efforts to understand the importance of cultural sociology, to appreciate the effects of cultural forces around the world, and to learn the history of countries and cultures within these important regions.
Download or read book Maqasid Al shariah as Philosophy of Islamic Law written by Jasser Auda and published by International Institute of Islamic Thought (IIIT). This book was released on 2008-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.
Download or read book Adjudicating Family Law in Muslim Courts written by Elisa Giunchi and published by Routledge. This book was released on 2013-12-04 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Download or read book Research Handbook on the History of Corporate and Company Law written by Harwell Wells and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.
Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2010 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'a superb book' J South Pacific L --
Download or read book The Archetypal Sunni Scholar written by Aaron Spevack and published by SUNY Press. This book was released on 2014-09-09 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the work of nineteenth-century theologian Ibrahim al- B?j?r? and contests the notion of intellectual decline in Islamic thought from the thirteenth through nineteenth centuries. This is a rare study of a late premodern Islamic thinker, Ibrahim al- B?j?r?, a nineteenth-century scholar and rector of Cairos al-Azhar University. Aaron Spevack explores al- B?j?r?s legal, theological, and mystical thought, highlighting its originality and vibrancy in relation to the millennium of scholarship that preceded and informed it, and also detailing its continuing legacy. The book makes a case for the normativity of the Gabrielian Paradigm, the study of law, rational theology, and Sufism, in the person of al- B?j?r?. Soon after his death in 1860, this typical pattern of scholarship would face significant challenges from modernists, reformers, and fundamentalists. Spevack challenges beliefs that rational theology, syllogistic logic, and Sufism were not part of the predominant conception of orthodox scholarship and shows this scholarly archetype has not disappeared as an ideal. In addition, the book contests prevailing beliefs in academic and Muslim circles about intellectual decline from the thirteenth through nineteenth centuries. Spevacks trailblazing book is a lucid survey and deep analysis of the works and ideas of al-B?j?r?. Spevack shows precisely how al-B?j?r? served as an archetypal Sunn? scholar. In the process, he succeeds in evoking the subtlety, sophistication, and dynamism of the postclassical Islamic traditions of theology, mysticism, and jurisprudence. Robert Wisnovsky, McGill University Here is a readable and comprehensive introduction to the intellectual production of one of the last giants of the Sunn? legal tradition in the nineteenth century. Sensitive to the scholars strong affiliation with a millennium-long tradition, this introduction will be appreciated by seasoned scholars and newcomers alike. Ahmad Atif Ahmad, University of California, Santa Barbara Spevacks book is an important corrective to Eurocentric narratives of the nineteenth century that focus solely on Islamic thinkers whose main concern is with European modernity and its challenges while breezily ignoring the continuing tradition of madrasah scholarship in the modern period. Khaled El-Rouayheb, Harvard University
Download or read book The Public Sphere in Muslim Societies written by Miriam Hoexter and published by State University of New York Press. This book was released on 2012-02-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging conventional assumptions, the contributors to this interdisciplinary volume argue that premodern Muslim societies had diverse and changing varieties of public spheres, constructed according to premises different from those of Western societies. The public sphere, conceptualized as a separate and autonomous sphere between the official and private, is used to shed new light on familiar topics in Islamic history, such as the role of the shari`a (Islamic religious law), the `ulama' (Islamic scholars), schools of law, Sufi brotherhoods, the Islamic endowment institution, and the relationship between power and culture, rulers and community, from the ninth to twentieth centuries.
