Law, Society and Culture in the Maghrib, 1300-1500

Law, Society and Culture in the Maghrib, 1300-1500

Author: David S. Powers

Publisher: Cambridge University Press

Published: 2002-09-30

Total Pages: 296

ISBN-13: 9780521816915

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Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.


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.


A History of Social Justice and Political Power in the Middle East

A History of Social Justice and Political Power in the Middle East

Author: Linda T. Darling

Publisher: Routledge

Published: 2013-05-02

Total Pages: 418

ISBN-13: 1136220178

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From ancient Mesopotamia into the 20th century, "the Circle of Justice" as a concept has pervaded Middle Eastern political thought and underpinned the exercise of power in the Middle East. The Circle of Justice depicts graphically how a government’s justice toward the population generates political power, military strength, prosperity, and good administration. This book traces this set of relationships from its earliest appearance in the political writings of the Sumerians through four millennia of Middle Eastern culture. It explores how people conceptualized and acted upon this powerful insight, how they portrayed it in symbol, painting, and story, and how they transmitted it from one regime to the next. Moving towards the modern day, the author shows how, although the Circle of Justice was largely dropped from political discourse, it did not disappear from people’s political culture and expectations of government. The book demonstrates the Circle’s relevance to the Iranian Revolution and the rise of Islamist movements all over the Middle East, and suggests how the concept remains relevant in an age of capitalism. A "must read" for students, policymakers, and ordinary citizens, this book will be an important contribution to the areas of political history, political theory, Middle East studies and Orientalism.


Islamic Law of the Sea

Islamic Law of the Sea

Author: Hassan S. Khalilieh

Publisher: Cambridge University Press

Published: 2019-05-02

Total Pages: 305

ISBN-13: 1108481450

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This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.


Child Custody in Islamic Law

Child Custody in Islamic Law

Author: Ahmed Fekry Ibrahim

Publisher: Cambridge University Press

Published: 2018-08-09

Total Pages: 281

ISBN-13: 1108651178

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Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.


The Birth of a Legal Institution

The Birth of a Legal Institution

Author: Peter C. Hennigan

Publisher: BRILL

Published: 2004

Total Pages: 278

ISBN-13: 9789004130296

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This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.


The Rise of Early Modern Science

The Rise of Early Modern Science

Author: Toby E. Huff

Publisher: Cambridge University Press

Published: 2017-06-06

Total Pages: 400

ISBN-13: 1108228674

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Now in its third edition, The Rise of Early Modern Science argues that to understand why modern science arose in the West it is essential to study not only the technical aspects of scientific thought but also the religious, legal and institutional arrangements that either opened the doors for enquiry, or restricted scientific investigations. Toby E. Huff explores how the newly invented universities of the twelfth and thirteenth centuries, and the European legal revolution, created a neutral space that gave birth to the scientific revolution. Including expanded comparative analysis of the European, Islamic and Chinese legal systems, Huff now responds to the debates of the last decade to explain why the Western world was set apart from other civilisations.


Conflict Management in the Mediterranean and the Atlantic, 1000-1800

Conflict Management in the Mediterranean and the Atlantic, 1000-1800

Author:

Publisher: BRILL

Published: 2020-09-25

Total Pages: 376

ISBN-13: 9004407995

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Conflict Management in the Mediterranean and the Atlantic, 1000-1800 offers a comparative long-term perspective on the complexity of various approaches to conflict management by those involved in long-distance trade across political and jurisdictional boundaries.


Feminist Perspectives on Land Law

Feminist Perspectives on Land Law

Author: Hilary Lim

Publisher: Routledge

Published: 2007-04-11

Total Pages: 346

ISBN-13: 1135335036

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The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on: shopping malls ancient monuments nature reserves housing estates the family home. An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.