Court Cultures in the Muslim World
Court Cultures in the Muslim World

Author: Albrecht Fuess

Publisher: Routledge

Published: 2014-06-03

Total Pages: 357

ISBN-13: 1136917802

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Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.

The Anthropology of Justice
The Anthropology of Justice

Author: Lawrence Rosen

Publisher: Cambridge University Press

Published: 1989-06-15

Total Pages: 136

ISBN-13: 9780521367400

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Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Law, Custom, and Statute in the Muslim World
Law, Custom, and Statute in the Muslim World

Author: Rôn Šaham

Publisher: BRILL

Published: 2007

Total Pages: 298

ISBN-13: 9004154531

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This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.

Islam and the Rule of Justice
Islam and the Rule of Justice

Author: Lawrence Rosen

Publisher: University of Chicago Press

Published: 2018-03-13

Total Pages: 293

ISBN-13: 022651174X

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In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Court Cultures in the Muslim World
Court Cultures in the Muslim World

Author: Albrecht Fuess

Publisher: Routledge

Published: 2014-06-03

Total Pages: 513

ISBN-13: 1136917810

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Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.

Law, Custom, and Statute in the Muslim World
Law, Custom, and Statute in the Muslim World

Author: Ron Shaham

Publisher: BRILL

Published: 2006-12-01

Total Pages: 297

ISBN-13: 9047411307

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This collective volume, in honor of Aharon Layish, 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. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās, court decisions, judicial circulars, biographical dictionaries and chronics. The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.

The Cambridge Illustrated History of the Islamic World
The Cambridge Illustrated History of the Islamic World

Author: Francis Robinson

Publisher: Cambridge University Press

Published: 1996

Total Pages: 356

ISBN-13: 9780521669931

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Islamic peoples account for one fifth of the world's population and yet there is widespread misunderstanding in the West of what Islam really is. Francis Robinson and his team set out to address this, revealing the complex and sometimes contrary nature of Muslim culture. As well as taking on the issues uppermost in everyone's minds, such as the role of religious and political fundamentalism, they demonstrate the importance of commerce; literacy and learning; Islamic art; the effects of immigration, exodus, and conquest; and the roots of current crises in the Middle East, Bosnia, and the Gulf. Throughout, emphasis is placed on the interaction between Islam and the West, from the first Latin translations of the Quran to the fatwa on Salman Rushdie. This elegant book deliberately sets out to dismantle the Western impression of Islam as a monolithic world and replace it with a balanced view, from current issues of fundamentalism to its dynamic culture and art. Francis Robinson is the editor of two outstanding reference works: Atlas of the Islamic World Since 1500 (Cambridge, 1982) and The Cambridge Encyclopedia of India (1989).

Islamic Law and Culture, 1600-1840
Islamic Law and Culture, 1600-1840

Author: Haim Gerber

Publisher: BRILL

Published: 2024-01-08

Total Pages: 167

ISBN-13: 9004660135

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In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.

Ways of Knowing Muslim Cultures and Societies
Ways of Knowing Muslim Cultures and Societies

Author:

Publisher: BRILL

Published: 2018-12-24

Total Pages: 550

ISBN-13: 9004386890

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This volume showcases a variety of innovative approaches to the study of Muslim societies and cultures, inspired by and honouring Gudrun Krämer and her role in transforming the landscape of Islamic Studies.

Sharia Transformations
Sharia Transformations

Author: Michael G. Peletz

Publisher: Univ of California Press

Published: 2020-03-06

Total Pages: 307

ISBN-13: 0520974476

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Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.