Weiss (Near Eastern studies, Princeton U.) presents 14 essays that explore the development of Muslim legal theory before and after the establishment of the "four sources" version of usul al-fiqh , in
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative perio
Powers (Near Eastern studies, Cornell U.) collects 12 articles he has written over the past 20 years or so dealing with the Islamic legal institutions of divorce, inheritance, and endowments, and thei
Through his analysis, Vogel (Harvard Law School) develops a framework of concepts, rooted in both Islamic and western legal theory, useful for the comparative description and analysis of Islamic legal
In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, se
This book deals with an Ayyubid-Mamluk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law,
This book studies a range of Islamic texts, and employs contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law.
In Islamic Law and the Crisis of the Reconquista, Alan Verskin examines the efforts of Islamic jurists to articulate a new law which would address the predicament of Muslims living under Christian rul
Iran has one of the highest rates of road traffic accidents worldwide and according to a recent UNICEF report, the current rate of road accidents in Iran is 20 times more than the world average. Using
Joseph (international studies, Zayed U., United Arab Emirates) analyzes how 17th- through early 19th-century Hanafi law (official Ottoman law), as evidenced in legal opinions and legal commentaries fr
In this book, Amr Osman presents a new reading of both the history and doctrine of the ?ahiri madhhab, from its emergence in the 3rd/9th century to its demise in the 10th/16th century.
In Studies in Legal Hadith Hiroyuki Yanagihashi seeks to clarify the processes by which hadiths on a given legal topic were formed and developed and to propose a methodology to estimate their acceptab
Beginning with an analysis of how Islamic theory views sharecropping, this book uses Yemen and its sharecropping practices as a case study comparing Islamic law and customary law. Donaldson (Arabic, U
The Ayyubid and Mamluk periods were two of the most intellectually vibrant in Islamic history. Megan H. Reid's book, which traverses three centuries from 1170 to 1500, recovers the stories of medieval men and women who were renowned not only for their intellectual prowess but also for their devotional piety. Through these stories, the book examines trends in voluntary religious practice that have been largely overlooked in modern scholarship. This type of piety was distinguished by the pursuit of God's favor through additional rituals, which emphasized the body as an instrument of worship, and through the rejection of worldly pleasures, and even society itself. Using an array of sources including manuals of law, fatwa collections, chronicles, and obituaries, the book shows what it meant to be a good Muslim in the medieval period and how Islamic law helped to define holy behavior. In its concentration on personal piety, ritual, and ethics the book offers an intimate perspective on medie
This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contem
Scholars of Islamic religion and history look at history and society; historiography; Qur'an, law, and narrative; and texts and artifacts--all areas of interest for Donner (Near Eastern history, U. of
This book is an urban ethnographic study of several Muslim women's organisations in northern India. These organisations work to carve out spaces that allow for the articulation of alternative experiences and conceptions of religion and justice that challenge Islamic orthodoxy as well as the monopoly of the Indian state in the domain of family law. While most analyses on reform efforts within Muslim family law in India have focused on women's protection within the state legal system, this book offers the rare opportunity to understand how organised groups of Muslim women's rights activists contest marginalising forces present in the family and criminal courts, Shariat courts, local mosques, workplace, legislature and legal documents. It pushes against troubling assumptions that Islam is incompatible with ideas of women's rights and that the State is the only dispenser of justice, and offers new directions for studies on the dispersed nature of women's identities in Islamic family law.
Abu Ma'ali al-Juwayni (d.478/1085) lived in a politically tumultuous period. The rise of powerful dynastic families forced the Abbasid Caliph into a position of titular power, and created instability. He also witnessed intellectual upheavals living amidst great theological and legal diversity. Collectively, these experiences led him to consider questions of religious certainty and social and political continuity. He noted that if political elites are constantly changing, paralleled with shifting intellectual allegiances, what ensures the continuity of religion? He concluded that continuity of society is contingent upon knowledge and practice of the Shari'a. Here, Sohaira Siddiqui explores how scholars grappled with questions of human reason and knowledge, and how their answers to these questions often led them to challenge dominant ideas of what the Shari'a is. By doing this, she highlights the interconnections between al-Juwayni's discussions on theology, law and politics, and the soc
Abu Ma'ali al-Juwayni (d.478/1085) lived in a politically tumultuous period. The rise of powerful dynastic families forced the Abbasid Caliph into a position of titular power, and created instability. He also witnessed intellectual upheavals living amidst great theological and legal diversity. Collectively, these experiences led him to consider questions of religious certainty and social and political continuity. He noted that if political elites are constantly changing, paralleled with shifting intellectual allegiances, what ensures the continuity of religion? He concluded that continuity of society is contingent upon knowledge and practice of the Shari'a. Here, Sohaira Siddiqui explores how scholars grappled with questions of human reason and knowledge, and how their answers to these questions often led them to challenge dominant ideas of what the Shari'a is. By doing this, she highlights the interconnections between al-Juwayni's discussions on theology, law and politics, and the soc
Almost nothing has been written about the religious oath in Franco-Egyptian or Islamic courtrooms, but this should come as little surprise, says Bechor (Middle Eastern studies, Interdisciplinary Cente