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Author: Haim Gerber
Publisher: BRILL
ISBN: 9004660135
Category : Law
Languages : en
Pages : 167
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Book Description
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.
Author: Haim Gerber
Publisher: BRILL
ISBN: 9789004113190
Category : Religion
Languages : en
Pages : 176
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Book Description
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.
Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Category : Religion
Languages : en
Pages : 356
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Book Description
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
Author: Andrea L. Stanton
Publisher: SAGE
ISBN: 141298176X
Category : Culture
Languages : en
Pages : 1977
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Book Description
In our age of globalization and multiculturalism, it has never been more important to understand and appreciate all cultures across the world. The four volumes take a step forward in this endeavour by presenting concise information on those regions least well-known to students across Europe: the Middle East, Asia and Africa. The volumes convey what daily life is like for people in these selected regions. Entries will aid readers in understanding 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. Key Features -Topics are explored within historical context, in three broad historical periods: prehistory to 1250, 1250 to 1920 and 1920 to the present. -One volume each is devoted to the regions of the Middle East and Africa and then one volume to East and Southeast Asia and a final volume to West, Central and South Asia. The volumes include extensive use of photographs and maps to explain cultural and geographic content. -Each volume has its own volume editor with expertise in that particular region. Key Themes Arts, Culture and Science People, Society and Dynasties Religion and Law Family and Daily Life Conflicts and Wars Politics and Government Health and Education Economy, Trade and Industry National Geography and History.
Author: Jasser Auda
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1565644247
Category : Religion
Languages : en
Pages : 378
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Book Description
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.
Author: Malissa Taylor
Publisher: Bloomsbury Publishing
ISBN: 075564770X
Category : History
Languages : en
Pages : 347
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Book Description
Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its classical articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.
Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317964888
Category : Social Science
Languages : en
Pages : 188
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Book Description
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.
Author: Harwell Wells
Publisher: Edward Elgar Publishing
ISBN: 1784717665
Category : Law
Languages : en
Pages : 653
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Book Description
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.
Author: H. Patrick Glenn
Publisher: Oxford University Press, USA
ISBN: 0199580804
Category : Language Arts & Disciplines
Languages : en
Pages : 448
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Book Description
'a superb book' J South Pacific L --
Author: Aaron Spevack
Publisher: SUNY Press
ISBN: 143845371X
Category : Religion
Languages : en
Pages : 222
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Book Description
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
Author: Miriam Hoexter
Publisher: State University of New York Press
ISBN: 0791488616
Category : Social Science
Languages : en
Pages : 202
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Book Description
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.
