Author:
Publisher: BRILL
ISBN: 9004343733
Category : Law
Languages : en
Pages : 331
Book Description
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Legal Documents as Sources for the History of Muslim Societies
Author:
Publisher: BRILL
ISBN: 9004343733
Category : Law
Languages : en
Pages : 331
Book Description
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Publisher: BRILL
ISBN: 9004343733
Category : Law
Languages : en
Pages : 331
Book Description
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
The Development of Islamic Law and Society in the Maghrib
Author: David Stephan Powers
Publisher: Routledge
ISBN: 9781409403708
Category : Africa, North
Languages : en
Pages : 0
Book Description
The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
Publisher: Routledge
ISBN: 9781409403708
Category : Africa, North
Languages : en
Pages : 0
Book Description
The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
Islamic Law and Society in Iran
Author: Nobuaki Kondo
Publisher: Taylor & Francis
ISBN: 135178319X
Category : Computers
Languages : en
Pages : 211
Book Description
This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society.
Publisher: Taylor & Francis
ISBN: 135178319X
Category : Computers
Languages : en
Pages : 211
Book Description
This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society.
Land, Law and Islam
Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247
Book Description
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.
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247
Book Description
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.
Child Custody in Islamic Law
Author: Ahmed Fekry Ibrahim
Publisher: Cambridge University Press
ISBN: 1108470564
Category : History
Languages : en
Pages : 281
Book Description
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Publisher: Cambridge University Press
ISBN: 1108470564
Category : History
Languages : en
Pages : 281
Book Description
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Muslim Societies in African History
Author: David Robinson
Publisher: Cambridge University Press
ISBN: 9780521533669
Category : History
Languages : en
Pages : 238
Book Description
Examining a series of processes (Islamization, Arabization, Africanization) and case studies from North, West and East Africa, this book gives snapshots of Muslim societies in Africa over the last millennium. In contrast to traditions which suggest that Islam did not take root in Africa, author David Robinson shows the complex struggles of Muslims in the Muslim state of Morocco and in the Hausaland region of Nigeria. He portrays the ways in which Islam was practiced in the 'pagan' societies of Ashanti (Ghana) and Buganda (Uganda) and in the ostensibly Christian state of Ethiopia - beginning with the first emigration of Muslims from Mecca in 615 CE, well before the foundational hijra to Medina in 622. He concludes with chapters on the Mahdi and Khalifa of the Sudan and the Murid Sufi movement that originated in Senegal, and reflections in the wake of the events of September 11, 2001.
Publisher: Cambridge University Press
ISBN: 9780521533669
Category : History
Languages : en
Pages : 238
Book Description
Examining a series of processes (Islamization, Arabization, Africanization) and case studies from North, West and East Africa, this book gives snapshots of Muslim societies in Africa over the last millennium. In contrast to traditions which suggest that Islam did not take root in Africa, author David Robinson shows the complex struggles of Muslims in the Muslim state of Morocco and in the Hausaland region of Nigeria. He portrays the ways in which Islam was practiced in the 'pagan' societies of Ashanti (Ghana) and Buganda (Uganda) and in the ostensibly Christian state of Ethiopia - beginning with the first emigration of Muslims from Mecca in 615 CE, well before the foundational hijra to Medina in 622. He concludes with chapters on the Mahdi and Khalifa of the Sudan and the Murid Sufi movement that originated in Senegal, and reflections in the wake of the events of September 11, 2001.
Shurat Legends, Ibadi Identities
Author: Adam R. Gaiser
Publisher: Univ of South Carolina Press
ISBN: 1611176778
Category : Religion
Languages : en
Pages : 275
Book Description
An analysis of a variety of early Islamic texts to understand processes of identity formation and community In Shurat Legends, Ibadi Identities, Adam Gaiser explores the origins and early development of Islamic notions of martyrdom and of martyrdom literature. He examines the catalogs or lists of martyrs (martyrologies) of the early shur?t (Kh?rijites) in the context of late antiquity, showing that shur?t literature, as it can be reconstructed, shares continuity with the martyrologies of earlier Christians and other religious groups, especially in Iraq, and that this powerful literature was transmitted by seventh century shur?t through their successors, the Ib??iyya. Gaiser examines the sources of poems and narratives as quasi-historical accounts and their application in literary creations designed to meet particular communal needs, in particular, the need to establish and shape identity. Gaiser shows how these accounts accumulated traits—such as all-night prayer vigils, stoic acceptance of death, and miracles—-of a wider ascetic and apocalyptic literature in the eighth century, including martyrdom narratives of Eastern Christianity. By establishing focal points of piety around which a communal identity could be fashioned, such accounts proved suitable for use in missionary activity in North Africa and the Arabian Peninsula. Gaiser also documents the reshaping of these narratives for more quietist purposes: emphasizing moderated rather than violent action, diplomacy, and respect for other Islamic sects as also being monotheistic, rather than condemning them as sinful. Along with refashioning narratives, Gaiser details the Ib??? efforts to compile collections into genealogies, both biographical dictionaries and lineages of the true faith linking individuals and communities to local saints and martyrs. He also shows how this more nuanced history led to the formation of rules and authorities governing the shur?t. Employing rarely examined manuscript materials to shed light on such processes as identity formation and communal boundary maintenance, Gaiser traces the course by which this martyrdom literature and its potentially dangerous implications came to be institutionalized, contained, and controlled.
Publisher: Univ of South Carolina Press
ISBN: 1611176778
Category : Religion
Languages : en
Pages : 275
Book Description
An analysis of a variety of early Islamic texts to understand processes of identity formation and community In Shurat Legends, Ibadi Identities, Adam Gaiser explores the origins and early development of Islamic notions of martyrdom and of martyrdom literature. He examines the catalogs or lists of martyrs (martyrologies) of the early shur?t (Kh?rijites) in the context of late antiquity, showing that shur?t literature, as it can be reconstructed, shares continuity with the martyrologies of earlier Christians and other religious groups, especially in Iraq, and that this powerful literature was transmitted by seventh century shur?t through their successors, the Ib??iyya. Gaiser examines the sources of poems and narratives as quasi-historical accounts and their application in literary creations designed to meet particular communal needs, in particular, the need to establish and shape identity. Gaiser shows how these accounts accumulated traits—such as all-night prayer vigils, stoic acceptance of death, and miracles—-of a wider ascetic and apocalyptic literature in the eighth century, including martyrdom narratives of Eastern Christianity. By establishing focal points of piety around which a communal identity could be fashioned, such accounts proved suitable for use in missionary activity in North Africa and the Arabian Peninsula. Gaiser also documents the reshaping of these narratives for more quietist purposes: emphasizing moderated rather than violent action, diplomacy, and respect for other Islamic sects as also being monotheistic, rather than condemning them as sinful. Along with refashioning narratives, Gaiser details the Ib??? efforts to compile collections into genealogies, both biographical dictionaries and lineages of the true faith linking individuals and communities to local saints and martyrs. He also shows how this more nuanced history led to the formation of rules and authorities governing the shur?t. Employing rarely examined manuscript materials to shed light on such processes as identity formation and communal boundary maintenance, Gaiser traces the course by which this martyrdom literature and its potentially dangerous implications came to be institutionalized, contained, and controlled.
The Calligraphic State
Author: Brinkley Messick
Publisher: Univ of California Press
ISBN: 0520205154
Category : History
Languages : en
Pages : 355
Book Description
"Throws completely fresh light on non-colonial yet modern systems of legality and moral power. . . . The picture given of Islamic legal education and practice is one of the best available . . . a compelling read and a fine book for teaching."—Paul Dresch, Oxford University
Publisher: Univ of California Press
ISBN: 0520205154
Category : History
Languages : en
Pages : 355
Book Description
"Throws completely fresh light on non-colonial yet modern systems of legality and moral power. . . . The picture given of Islamic legal education and practice is one of the best available . . . a compelling read and a fine book for teaching."—Paul Dresch, Oxford University
Islamic Central Asia
Author: Scott Cameron Levi
Publisher: Indiana University Press
ISBN: 0253353858
Category : History
Languages : en
Pages : 338
Book Description
An anthology of primary documents for the study of Central Asian history. It illustrates important aspects of the social, political, and economic history of Islamic Central Asia. It covers the period from the 7th-century Arab conquests to the 19th-century Russian colonial era and provides insights into the history and significance of the region.
Publisher: Indiana University Press
ISBN: 0253353858
Category : History
Languages : en
Pages : 338
Book Description
An anthology of primary documents for the study of Central Asian history. It illustrates important aspects of the social, political, and economic history of Islamic Central Asia. It covers the period from the 7th-century Arab conquests to the 19th-century Russian colonial era and provides insights into the history and significance of the region.
Islam and the Rule of Justice
Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.