Author : Baber Johansen
Publisher : BRILL
Page : 548 pages
File Size : 42,73 MB
Release : 1999
Category : Religion
ISBN : 9789004106031
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.
Author : Baber Johansen
Publisher : BRILL
Page : 536 pages
File Size : 22,66 MB
Release : 2023-09-29
Category : Law
ISBN : 9004660127
This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.
Author : Olaf Köndgen
Publisher : BRILL
Page : 467 pages
File Size : 19,68 MB
Release : 2021-12-06
Category : Law
ISBN : 9004472789
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Author : Sohaira Z. M. Siddiqui
Publisher : Cambridge University Press
Page : 331 pages
File Size : 35,2 MB
Release : 2019-04-18
Category : Biography & Autobiography
ISBN : 1108496784
Explores the eleventh century Abbasid Empire and the intersection between politics, theology, and law in the thought of Abu Ma'ali al-Juwayni.
Author : Camilla Adang
Publisher : BRILL
Page : 552 pages
File Size : 11,62 MB
Release : 2015-10-20
Category : History
ISBN : 9004307834
The present volume—the first of its kind—deals with takfīr: accusing one ́s opponents of unbelief (kufr). Originating in the first decades of Islam, this practice has been applied intermittently ever since. The nineteen studies included here deal with cases, covering different periods and parts of the Muslim world, of individuals or groups that used the instrument of takfīr to brand their opponents—either persons, groups or even institutions—as unbelievers who should be condemned, anathematized or even persecuted. Each case presented is placed in its sociopolitical and religious context. Together the contributions show the multifariousness that has always characterized Islam and the various ways in which Muslims either sought to suppress or to come to terms with this diversity. With contributions by: Roswitha Badry, Sonja Brentjes, Brian J. Didier, Michael Ebstein, Simeon Evstatiev, Ersilia Francesca, Robert Gleave, Steven Judd, István T. Kristó-Nagy, Göran Larsson, Amalia Levanoni, Orkhan Mir-Kasimov, Hossein Modarressi, Justyna Nedza, Intisar A. Rabb, Sajjad Rizvi, Daniel de Smet, Zoltan Szombathy, Joas Wagemakers.
Author : Khaled Fahmy
Publisher : Univ of California Press
Page : 392 pages
File Size : 29,1 MB
Release : 2023-02-07
Category : History
ISBN : 0520395611
In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.
Author : Olaf Köndgen
Publisher : BRILL
Page : 492 pages
File Size : 41,23 MB
Release : 2017-11-01
Category : Law
ISBN : 9004357084
In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of the Sudan’s Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse (zinā, liwāṭ), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (ḥirāba), apostasy (ridda), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world’s longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. "This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach." Prof. Günter Meyer, Johannes Gutenberg University Mainz
Author : Alan Verskin
Publisher : BRILL
Page : 212 pages
File Size : 31,70 MB
Release : 2015-01-27
Category : Law
ISBN : 9004284532
The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In Islamic Law and the Crisis of the Reconquista, Alan Verskin examines the way in which the Iberian school of Mālikī law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims.
Author : Yosef Bronstein
Publisher : Academic Studies PRess
Page : 334 pages
File Size : 27,50 MB
Release : 2024-04-02
Category : Religion
ISBN :
Many Jewish groups of late antiquity assumed that they were obligated to observe the Divine Law. This book attempts to study the various rationales offered by these groups to explain the authority that the Divine Law had over them. Second Temple groups tended to look towards philosophy or metaphysics to justify the Divine Law’s authority. The tannaim, though, formulated legal arguments that obligate Israel to observe the Divine Law. While this turn towards legalism is pan-tannaitic, two distinct legal arguments can be identified in tannaitic literature. These specific arguments about the Divine Law’s authority, link to a set of issues regarding the tannaim’s conception of Divine Law and of Israel’s election.
Author : Colin Imber
Publisher : Bloomsbury Publishing
Page : 433 pages
File Size : 38,69 MB
Release : 2019-01-05
Category : History
ISBN : 1350307629
This highly-praised and authoritative account surveys the history of the Ottoman Empire from its obscure origins in the 14th century, through its rise to world-power status in the 16th century, to the troubled times of the 17th century. Going beyond a simple narrative of Ottoman achievements and key events, Colin Imber uses original sources and research, as well as the rapidly growing body of modern scholarship on the subject, to show how the Sultans governed their realms and the limits on their authority. A helpful chronological introduction provides the context, while separate chapters deal with the inner politics of the dynasty, the court and central government, the provinces, the law courts and legal system, and the army and fleet. Revised, updated and expanded, this new edition now also features a separate chapter on the Arab provinces and incorporates the most recent developments in the field throughout. New to this Edition: - An increased focus on religion, and on non-Muslim communities - More on the provinces and culture - An expanded taxation chapter, with more on charitable trusts, trade and the economy - Updated references throughout
