Islamic Law In Action

Author: Kristen Stilt
Publisher: OUP Oxford
ISBN: 0191629820
Size: 41.67 MB
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A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Islamic Law In Action

Author: Kristen Stilt
Publisher: Oxford University Press
ISBN: 0199602433
Size: 60.38 MB
Format: PDF, ePub
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Taking a "law in action" approach to the study of Islamic law through a focus on the activities of the muhtasib in medieval Cairo and Fustat, this book paints a clear picture of the practice of Islamic law at the time. Connecting theory and practice, it sheds new light on the lived experience of the legal system.

The Logic Of Law Making In Islam

Author: Behnam Sadeghi
Publisher: Cambridge University Press
ISBN: 1139789252
Size: 34.91 MB
Format: PDF
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This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

An Introduction To Islamic Law

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Size: 53.42 MB
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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.

The Canonization Of Islamic Law

Author: Ahmed El Shamsy
Publisher: Cambridge University Press
ISBN: 1107041481
Size: 13.73 MB
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Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.

Crowds And Sultans

Author: Amina Elbendary
Publisher: Oxford University Press
ISBN: 1617976970
Size: 64.90 MB
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During the fifteenth century, the Mamluk sultanate that had ruled Egypt and Syria since 1249-50 faced a series of sustained economic and political challenges to its rule, from the effects of recurrent plagues to changes in international trade routes. Both these challenges and the policies and behaviors of rulers and subjects in response to them left profound impressions on Mamluk state and society, precipitating a degree of social mobility and resulting in new forms of cultural expression. These transformations were also reflected in the frequent reports of protests during this period, and led to a greater diffusion of power and the opening up of spaces for political participation by Mamluk subjects and negotiations of power between ruler and ruled. Rather than tell the story of this tumultuous century solely from the point of view of the Mamluk dynasty, Crowds and Sultans places the protests within the framework of long-term transformations, arguing for a more nuanced and comprehensive narrative of Mamluk state and society in late medieval Egypt and Syria. Reports of urban protest and the ways in which alliances between different groups in Mamluk society were forged allow us glimpses into how some medieval Arab societies negotiated power, showing that rather than stoically endure autocratic governments, populations often resisted and renegotiated their positions in response to threats to their interests. This rich and thought-provoking study will appeal to specialists in Mamluk history, Islamic studies, and Arab history, as well as to students and scholars of Middle East politics and government and modern history.

The Second Formation Of Islamic Law

Author: Guy Burak
Publisher: Cambridge University Press
ISBN: 110709027X
Size: 38.35 MB
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The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.

Ubi Sumus Quo Vademus

Author: Stephan Conermann
Publisher: V&R unipress GmbH
ISBN: 3847101005
Size: 44.42 MB
Format: PDF, ePub, Docs
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Sources, which have so far often been overshadowed by chronicles and normative literature, are also the focus of interest of this book. Treatises against unacceptable innovations, pilgrims guidebooks, travel reports, prosopographical and biographical writings, journals and diaries, folk novels, documents and law manuals can provide us with valuable information. But what generally applies for Mamlukology is the fact that an enormous amount of fundamental work in the edition of texts remains yet to be done. Many Mamlukists are primarily engaged in this activity. It may also have been this unavoidable focus on handwritten materials that resulted in the fact that the scholars studying the Mamluk Era have only very rarely occupied themselves with interdisciplinary questions or theoretical hypotheses. Nevertheless, during the last ten years a lot of innovative research has been done in this field. For the first time, this book presents the state of the art with regards to the Mamluk Empire.

Land Law And Islam

Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Size: 42.57 MB
Format: PDF
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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.

The Impossible State

Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 023116257X
Size: 14.70 MB
Format: PDF
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Wael B. Hallaq boldly argues that the ÒIslamic state,Ó judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernityÕs moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the stateÕs technologies of the self are severely lacking in moral substance, and todayÕs Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine ShariÕa governance. The IslamistsÕ constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other Òcrises of IslamÓ are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.