This volume introduces six texts of Islamic jurisprudence, authored by six jurists representing all four Sunni schools of Islamic law (two Ḥanafī, two Shāfiʿī, one Malikī, and one Ḥanbalī), who lived in areas as far apart as Uzbekistan, Iraq, Syria, Gaza (Palestine), Egypt, and Algeria between the tenth and sixteenth centuries CE. My reading of these texts attempts to articulate an underlying structural interrelationship between theoretical and practical legal reasoning in the Islamic juristic tradition. This volume provides an anatomy of Islamic legal reasoning, centered on the basic concepts of human agency, responsibility, rights, legal hermeneutics, extra-textual sources of the law, and basic inquiries, such as the jurisdiction of law in Islam and the relationship between law and government and between law and theology.
Structural Interrelations of Theory and Practice in Islamic Law
This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.
Aharon Layish with a linguistic essay by Alexander Borg
This volume comprising annotated translations of court decisions focuses on the interaction between the sharīʿa and tribal law as reflected in 72 protocols pertaining to personal status, homicide and bodily injury, etc. issued by Libyan sharīʿa courts approximately during the period 1930-1970.
This volume focuses on the portions of Muslim purity jurisprudence that deal with matters libidinal -- mulāmasa (the ritual result of contact with the opposite sex) and janāba (ceremonial defilement following cohabitation) -- and examines their implications for the Islamic outlook on sexuality.
Edited by Muhammad Khalid Masud, Rudolph Peters and David Powers
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. Dispensing ...
Maurits H. van den Boogert
This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.
This study, relied mainly on the legal texts and hadith collections dating from the eighth and ninth centuries, provides an illuminating account of how rules regulating various transactions were formed, developped and synthesized in the formative period of Islamic law.
Clark Benner Lombardi
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.
Peter C. Hennigan
This book presents the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf, and offers a new perspective on Islamic legal culture, the profess of legal legitimation, and the development of law within Ḥanafī hursiprudence.
Boğaç A. Ergene
This book studies the functions and responsibilities of Islamic courts and explores the processes of adjudication and dispute resolution in the context of the late seventeenth- and early eighteenth-century Ottoman Anatolia.
Aharon Layish and Gabriel R. Warburg
This study analyzes the reinstatement of Islamic law in Sudan under Numayrī in the light of its historical context, sources of inspiration, methodology and repercussions, with special reference to the judge as an instrument for implementing the governmental Islamist policy.
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