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Author: Baber Johansen
Publisher: Routledge
ISBN: 131531259X
Category : Religion
Languages : en
Pages : 193
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Book Description
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Author: Baber Johansen
Publisher: Routledge
ISBN: 131531259X
Category : Religion
Languages : en
Pages : 193
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Book Description
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247
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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.
Author: Aharon Layish
Publisher: BRILL
ISBN: 9004680926
Category : Law
Languages : en
Pages : 648
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Book Description
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.
Author: Clark Lombardi
Publisher: BRILL
ISBN: 9047404726
Category : Law
Languages : en
Pages : 319
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Book Description
This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
Author: Nurit Tsafrir
Publisher: Cambridge University Press
ISBN: 1108498647
Category : History
Languages : en
Pages : 191
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Book Description
Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.
Author: Sabrina Joseph
Publisher: BRILL
ISBN: 9004228675
Category : Law
Languages : en
Pages : 210
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Book Description
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Robert Irwin
Publisher: Cambridge University Press
ISBN: 1316184315
Category : History
Languages : en
Pages : 1104
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Book Description
Robert Irwin's authoritative introduction to the fourth volume of The New Cambridge History of Islam offers a panoramic vision of Islamic culture from its origins to around 1800. The introductory chapter, which highlights key developments and introduces some of Islam's most famous protagonists, paves the way for an extraordinarily varied collection of essays. The themes treated include religion and law, conversion, Islam's relationship with the natural world, governance and politics, caliphs and kings, philosophy, science, medicine, language, art, architecture, literature, music and even cookery. What emerges from this rich collection, written by an international team of experts, is the diversity and dynamism of the societies which created this flourishing civilization. Volume four of The New Cambridge History of Islam serves as a thematic companion to the three preceding, politically oriented volumes, and in coverage extends across the pre-modern Islamic world.
Author: Jairus Banaji
Publisher: Cambridge University Press
ISBN: 1316483312
Category : History
Languages : en
Pages : 436
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Book Description
This collection of essays, by leading historian Jairus Banaji, provides a stimulating rebuttal to the prevailing minimalism in late antique studies. Together, they strike a balance between the wide lens and more specialised discussion, expanding on the perspective and argumentation laid out in an earlier book, Agrarian Change in Late Antiquity (2001). Successive chapters discuss the scale of the late Roman gold currency, the economic nature of the aristocracy, the importance of trade, relations between the state and the ruling class, and the problem of continuity into the early Middle Ages. A substantial introduction pulls together the themes of the book into a coherent synopsis, while the preface clarifies the broad aims behind the study. The book as a whole deploys a wide range of sources in various languages and is intended for ancient historians, students of late antiquity, and economic historians more generally.
Author: Knut S. Vikør
Publisher:
ISBN: 9780195223989
Category : Law
Languages : en
Pages : 406
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Book Description
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author: Baber Johansen
Publisher: BRILL
ISBN: 9789004106031
Category : Religion
Languages : en
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.
