This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
God in the Courtroom
Edited by Oussama Arabi, Haigazian University, David S. Powers, Cornell University, and Susan A. Spectorsky, Queens College, City University of New York
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and ...
English translations of modern legal documents from the Judean Desert cast light on the Islamization of the tribal customary law in the tribal judge’s precinct. This book is intended for students of Islamic law, of customary law and comparative law, legal, social and economic historians, and ...
Muhammad Al Atawneh
This book examines Dār al-Iftā, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahhābī interpretations of the Shari'a to late twentieth-century modernity.
Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maṣlaḥa as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God’s law.
Joseph E. Lowry
This book offers a comprehensive reinterpretation of Shāfiʿī’s Risāla and shows how Shāfiʿī sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna.
The book examines the drafting of the Egyptian Civil Code of 1949, exposing its unknown sociological strata, under the leadership of Dr. ‘Abd al-Razzāq al-Sanhūrī, one of the most prominent jurist to emerge to date in the Arab world.
Edited by Ron Shaham
This collective volume deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them.
Ahmad Atif Ahmad
This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.
R. Kevin Jaques
This publication examines how a medieval Syrian Shāfiʿī jurist, Ibn Qāḍī Shuhbah (d. 851/1448), depicted the formation, decline, and the sources for the revival of Islamic law based on his Ṭabaqāt al-fuqahāʾ al-shāfiʿīyah (The Generations of the Shāfiʿī Jurists).
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