Legal Documents as Sources for the History of Muslim Societies


Book Description

This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.




The Development of Islamic Law and Society in the Maghrib


Book Description

The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.




Islamic Law and Society in Iran


Book Description

This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society.




Land, Law and Islam


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.




Muslim Societies in African History


Book Description

Examining a series of processes (Islamization, Arabization, Africanization) and case studies from North, West and East Africa, this book gives snapshots of Muslim societies in Africa over the last millennium. In contrast to traditions which suggest that Islam did not take root in Africa, author David Robinson shows the complex struggles of Muslims in the Muslim state of Morocco and in the Hausaland region of Nigeria. He portrays the ways in which Islam was practiced in the 'pagan' societies of Ashanti (Ghana) and Buganda (Uganda) and in the ostensibly Christian state of Ethiopia - beginning with the first emigration of Muslims from Mecca in 615 CE, well before the foundational hijra to Medina in 622. He concludes with chapters on the Mahdi and Khalifa of the Sudan and the Murid Sufi movement that originated in Senegal, and reflections in the wake of the events of September 11, 2001.




Shurat Legends, Ibadi Identities


Book Description

An analysis of a variety of early Islamic texts to understand processes of identity formation and community In Shurat Legends, Ibadi Identities, Adam Gaiser explores the origins and early development of Islamic notions of martyrdom and of martyrdom literature. He examines the catalogs or lists of martyrs (martyrologies) of the early shur?t (Kh?rijites) in the context of late antiquity, showing that shur?t literature, as it can be reconstructed, shares continuity with the martyrologies of earlier Christians and other religious groups, especially in Iraq, and that this powerful literature was transmitted by seventh century shur?t through their successors, the Ib??iyya. Gaiser examines the sources of poems and narratives as quasi-historical accounts and their application in literary creations designed to meet particular communal needs, in particular, the need to establish and shape identity. Gaiser shows how these accounts accumulated traits—such as all-night prayer vigils, stoic acceptance of death, and miracles—-of a wider ascetic and apocalyptic literature in the eighth century, including martyrdom narratives of Eastern Christianity. By establishing focal points of piety around which a communal identity could be fashioned, such accounts proved suitable for use in missionary activity in North Africa and the Arabian Peninsula. Gaiser also documents the reshaping of these narratives for more quietist purposes: emphasizing moderated rather than violent action, diplomacy, and respect for other Islamic sects as also being monotheistic, rather than condemning them as sinful. Along with refashioning narratives, Gaiser details the Ib??? efforts to compile collections into genealogies, both biographical dictionaries and lineages of the true faith linking individuals and communities to local saints and martyrs. He also shows how this more nuanced history led to the formation of rules and authorities governing the shur?t. Employing rarely examined manuscript materials to shed light on such processes as identity formation and communal boundary maintenance, Gaiser traces the course by which this martyrdom literature and its potentially dangerous implications came to be institutionalized, contained, and controlled.




Writing History in the Medieval Islamic World


Book Description

In the 'encyclopaedic' fourteenth century, Arabic chronicles produced in Mamluk cities bore textual witness to both recent and bygone history, including that of the Fatimids (969–1171CE). For in two centuries of rule over Egypt and North Africa, the Isma'ili Fatimids had left few self-generated historiographical records. Instead, it fell to Ayyubid and Mamluk historians to represent the dynasty to posterity. This monograph sets out to explain how later historians preserved, interpreted and re-organised earlier textual sources. Mamluk historians engaged in a sophisticated archival practice within historiography, rather than uncritically reproducing earlier reports. In a new diplomatic edition, translation and analysis of Mamluk historian Ibn al-Furat's account of late Fatimid rule in The History of Dynasties and Kings, a widely known but barely copied universal chronicle of Islamic history, Fozia Bora traces the survival of historiographical narratives from Fatimid Egypt. Through Ibn al-Furat's text, Bora demonstrates archivality as the heuristic key to Mamluk historical writing. This book is essential for all scholars working on the written culture and history of the medieval Islamic world, and paves the way for a more nuanced reading of pre-modern Arabic chronicles and of the epistemic environment in which they were produced.




Empires and Communities in the Post-Roman and Islamic World, C. 400-1000 CE


Book Description

"Empires are not an under-researched topic. Recently, there has been a veritable surge in comparative and conceptual studies, not least of pre-modern empires. The distant past can tell us much about the fates of empires that may still be relevant today, and contemporary historians as well as the general public are generally aware of that. Tracing the general development of an empire, we can discern a kind imperial dynamic which follows the momentum of expansion, relies on the structures and achievements of the formative period for a while, and tends to be caught in a downward spiral at some point. Yet single cases differ so much that a general model is hardly ever sufficient.There is in fact little consensus about what exactly constitutes an empire, and it has become standard in publications about empires to note the profusion of definitions.Some refer to size-for instance, 'greater than a million square kilometers', as Peter Turchin suggested. Apart from that, many scholars offer more or less extensive lists of qualitative criteria. Some of these criteria reflect the imperial dynamic, for instance, the imposition of some kind of unity through 'an imperial project', which allows moving broad populations 'from coercion through co-optation to cooperation and identification'"--




Catalogue of the New Corpus of Documents from the Ḥaram Al-Sharīf in Jerusalem


Book Description

The documents from the Ḥaram al-sharīf in Jerusalem constitute one of the most important corpora from the pre-Ottoman Middle East covering broad areas of social, political, cultural and economic history. The first documents from the Ḥaram al-sharīf in Jerusalem were discovered in the 1970s and described by Donald Little (Catalogue of the Islamic Documents, Beirut/Wiesbaden 1984). In recent years, approximately 100 new documents have been discovered that are described in this catalogue. This catalogue sets the new corpus in relation to the 'old' corpus and highlights its potential for future scholarship. The main part is a description of all documents, including size, materiality, summary, editions of beginning/end of document as well as a list of personal names, place names and names of witnesses. The volume also includes the edition of ten fascinating documents (five Persian, five Arabic) with high-quality reproductions of the originals. Finally, the volume includes a list of all Ḥaram al-sharīf documents edited so far.




A Bibliography of Islamic Criminal Law


Book Description

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.