Download or read book Islamic Law Tribal Customary Law and Waqf written by Aharon Layish and published by BRILL. This book was released on 2023-10-30 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Download or read book Islamic Law in Africa written by J N D Anderson and published by Routledge. This book was released on 2013-10-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Download or read book Waqf in Zayd Yemen written by Eirik Hovden and published by BRILL. This book was released on 2018-10-22 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.
Download or read book Shari a and the Islamic State in 19th century Sudan written by Aharon Layish and published by . This book was released on 2016-09-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sudanese Mahdīheaded a millenarian, revivalist, reformist movement, strongly inspired by Salafī and Ṣūfī ideas in the late 19th century. He established a Caliphate and created a unique legal methodology and doctrine to promote his political and social agenda.
Download or read book A History of Islamic Law written by N. J. Coulson and published by AldineTransaction. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.
Download or read book Wa f written by Abdul Qadir and published by Global Vision Pub House. This book was released on 2004 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Is An Analytical Study Of The Historical Development And Socio-Economic Importance Of The Islamic Law Of Charitable Trust. The Wakf Is Not Mentioned In The Holy Quran, But Derives Its Legitimacy Primarily From A Number Of Ôadaâs. The Immediate Spread And Popularity Of The Wakf Derives From The Fact That It Served Socio-Economic Needs Of The People.
Download or read book Shattering Tradition written by Walter Dostal and published by Bloomsbury Publishing. This book was released on 2005-04-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few deny that in the Muslim world religion and law are intimately linked. However, local legal realities mean that Islamic law is often pushed out of the picture by customary law, which is usually tribal, and by state law. Shattering Tradition concentrates on customary law, which is the least investigated of the three, and considers the ruptures and potential for conflict in Muslim law as well as the continuities and interactions. Shattering Tradition is vital reading for all those interested in the social anthropology of the Middle East and the wider study of Islamic law.
Download or read book Land Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
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.
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
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 An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book Law State and Society in Modern Iran written by H. Enayat and published by Springer. This book was released on 2013-07-17 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.
Download or read book Legal Documents from the Judean Desert written by Aharon Layish and published by BRILL. This book was released on 2011-07-12 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: English translations of modern legal documents from the Judean Desert cast light on the Islamization of the tribal customary law in the tribal judge’s precinct. This book is intended for students of Islamic law, of customary law and comparative law, legal, social and economic historians, and Arabists.
Download or read book Islamic Law and Ethics written by David R. Vishanoff and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
Download or read book Legal Documents as Sources for the History of Muslim Societies written by and published by BRILL. This book was released on 2017-06-06 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.
