Contingency in a Sacred Law
Contingency in a Sacred Law

Author: Baber Johansen

Publisher: BRILL

Published: 2023-09-29

Total Pages: 536

ISBN-13: 9004660127

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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.

Contingency in a Sacred Law
Contingency in a Sacred Law

Author: Baber Johansen

Publisher: BRILL

Published: 1999

Total Pages: 548

ISBN-13: 9789004106031

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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.

Accusations of Unbelief in Islam
Accusations of Unbelief in Islam

Author: Camilla Adang

Publisher: BRILL

Published: 2015-10-20

Total Pages: 552

ISBN-13: 9004307834

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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.

In Quest of Justice
In Quest of Justice

Author: Khaled Fahmy

Publisher: Univ of California Press

Published: 2023-02-07

Total Pages: 392

ISBN-13: 0520395611

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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.

The Codification of Islamic Criminal Law in the Sudan
The Codification of Islamic Criminal Law in the Sudan

Author: Olaf Köndgen

Publisher: BRILL

Published: 2017-11-01

Total Pages: 492

ISBN-13: 9004357084

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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

Islamic Law and the Crisis of the Reconquista
Islamic Law and the Crisis of the Reconquista

Author: Alan Verskin

Publisher: BRILL

Published: 2015-01-27

Total Pages: 212

ISBN-13: 9004284532

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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.

The Authority of the Divine Law
The Authority of the Divine Law

Author: Yosef Bronstein

Publisher: Academic Studies PRess

Published: 2024-04-02

Total Pages: 334

ISBN-13:

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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.

Law and Politics under the Abbasids
Law and Politics under the Abbasids

Author: Sohaira Z. M. Siddiqui

Publisher: Cambridge University Press

Published: 2019-04-18

Total Pages: 331

ISBN-13: 1108496784

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Explores the eleventh century Abbasid Empire and the intersection between politics, theology, and law in the thought of Abu Ma'ali al-Juwayni.

The Ottoman Empire, 1300-1650
The Ottoman Empire, 1300-1650

Author: Colin Imber

Publisher: Bloomsbury Publishing

Published: 2019-01-05

Total Pages: 433

ISBN-13: 1350307629

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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

Religious Minorities, Islam and the Law
Religious Minorities, Islam and the Law

Author: Al Khanif

Publisher: Routledge

Published: 2020-09-03

Total Pages: 215

ISBN-13: 1000168565

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This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.