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Author: Baber Johansen
Publisher: BRILL
ISBN: 9789004106031
Category : Religion
Languages : de
Pages : 548
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Book Description
A focus on the way in which Muslim scholars of the Hanafite school of Muslim law, from the 10th-12th centuries, adapted their legal norms to changing circumstances and distinguished between legal and ethical norms, religious and legal status, legal propositions and religious judgment. The introduction links this debate to the sociology of law and spells out the distinction between theology and law in Islam.
Author: Baber Johansen
Publisher: BRILL
ISBN: 9789004106031
Category : Religion
Languages : de
Pages : 548
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Book Description
A focus on the way in which Muslim scholars of the Hanafite school of Muslim law, from the 10th-12th centuries, adapted their legal norms to changing circumstances and distinguished between legal and ethical norms, religious and legal status, legal propositions and religious judgment. The introduction links this debate to the sociology of law and spells out the distinction between theology and law in Islam.
Author: Ayesha Jalal
Publisher: Harvard University Press
ISBN: 0674039076
Category : History
Languages : en
Pages : 396
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Book Description
Today, more than ever, jihad signifies the political opposition between Islam and the West. As the line drawn between Muslims and non-Muslims becomes more rigid, Jalal seeks to retrieve the ethical meanings of this core Islamic principle in South Asian history. Drawing on historical, legal, and literary sources, Jalal traces the intellectual itinerary of jihad through several centuries and across the territory connecting the Middle East with South Asia.
Author: Olaf Köndgen
Publisher: BRILL
ISBN: 9004357084
Category : Law
Languages : en
Pages : 492
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Book Description
In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of the Sudan’s Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse (zinā, liwāṭ), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (ḥirāba), apostasy (ridda), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world’s longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. "This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach." Prof. Günter Meyer, Johannes Gutenberg University Mainz
Author: Olaf Köndgen
Publisher: BRILL
ISBN: 9004472789
Category : Law
Languages : en
Pages : 467
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Book Description
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Author: Yazeed Said
Publisher: Routledge
ISBN: 1136159509
Category : Philosophy
Languages : en
Pages : 225
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Book Description
Imam Abü Hamid al-Ghazalı is perhaps the most celebrated Muslim theologian of medieval Islam yet little attention has been paid to his personal theology. This book sets out to investigate the relationship between law and politics in the writings of Ghazalı and aims to establish the extent to which this relationship explains Ghazalı’s political theology. Articles concerned with Ghazalı’s political thought have invariably paid little attention to his theology and his thinking about God, neglecting to ask what role these have contributed to his definition of politics and political ethics. Here, the question of Ghazalı’s politics takes into account his thinking on God, knowledge, law, and the Koran, in addition to political systems and ethics. Yazeed Said puts forward the convincing argument that if Ghazalı’s legal and political epistemology provide a polemic analogous to his writings on philosophy, for which he is more famed, they would reveal to us a manifesto for an alternative order, concerned with a coherent definition of the community, or Ummah. This book will be an invaluable resource for students and scholars of the Middle East, political theology and Islamic studies.
Author: Sophia Vasalou
Publisher:
ISBN: 019939783X
Category : Biography & Autobiography
Languages : en
Pages : 361
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Book Description
This book investigates Ibn Taymiyya's approach to some of the core ethical and theological questions of the classical period of Islam and, in doing so, sheds new light on his intellectual identity.
Author:
Publisher: BRILL
ISBN: 9004463984
Category : History
Languages : en
Pages : 340
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Book Description
Medieval and Modern Civil Wars: A Comparative Perspective offers a comparison of the civil wars in Scandinavia in High Middle Ages with those fought in contemporary Afghanistan and Guinea-Bissau.
Author: Ahmed Akgunduz
Publisher: IUR Press
ISBN: 9081726439
Category : Religion
Languages : en
Pages : 717
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Book Description
“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.”
Author: James Baldwin
Publisher: Edinburgh University Press
ISBN: 1474419070
Category : Social Science
Languages : en
Pages : 248
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Book Description
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Author: Susan Gunasti
Publisher: Routledge
ISBN: 0429810024
Category : Political Science
Languages : en
Pages : 369
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Book Description
The Qur’an between the Ottoman Empire and the Turkish Republic is one of the few book-length studies on an Ottoman Qur’an commentary. Its premise is that "the Ottoman Empire" did not come to an end until 1950 so far as Islam was concerned in Turkey. The work explores the relationship between Elmalılı’s Qur’an commentary and the intellectual trends of the period, including the impact of materialism, the sciences, notions of civilizational progress, and philosophy. In doing so, this study emphasizes the "local" aspect of the Qur’an commentary, through a sustained focus on the Istanbul context in which it was written. This work demonstrates that Elmalılı’s Qur’an commentary is a product of and reaction to the religious, intellectual, political, and social trends of the period. This work, in considering all the factors that led to the commissioning of Elmalılı’s Qur’an commentary, also contributes to our understanding of the history of Islam in early to mid-twentieth-century Turkey. This intellectual history of modern Islamic thought contributes to our understanding of the genre of Qur’an commentary in the early twentieth century. It is a key text for students and scholars interested in Islam in the Ottoman Empire and Turkey, modern Islamic thought, and the Middle East.
