Islamic Law in Context
A Primary Source Reader
Published on 21. November 2024
Book
Hardback
504 pages
978-1-316-51606-5 (ISBN)
Description
This volume surveys the diversity of Islamic legal thought and practice, a 1500 - year tradition that has been cultivated throughout the Islamic world. It features translations of Islamic legal texts from across the spectrum of literary genres (including legal theory, judicial handbooks, pamphlets) that represent the range of temporal, geographic and linguistic contexts in which Islamic law has been, and continues to be, developed. Each text has been chosen and translated by a specialist. It is accompanied by an accessible introduction that places the author and text in historical and legal contexts and explains the state of the relevant field of study. An introduction to each section offers an overview of the genre and provides a useful bibliography. The volume will enable all researchers of Islamic law - established academics, undergraduate students, and general readers - to understand the tremendous and sometimes bewildering diversity of Islamic law, as well the continuities and common features that bind it together.
More details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
College/higher education
Illustrations
Worked examples or Exercises
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 34 mm
Weight
961 gr
ISBN-13
978-1-316-51606-5 (9781316516065)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
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Book
11/2024
Cambridge University Press
€43.40
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Persons
Omar Anchassi is a scholar of Islamic intellectual history with a focus on the disciplines of law (fiqh), theology and Qur'an commentary. He has published on violence, slavery, gender and sexuality in Islamic thought and practice in prestigious venues including Islamic Law and Society, and Edinburgh and Cambridge University Presses. He is currently a Postdoctoral Research Fellow at the University of Exeter, and was previously an Early Career Fellow in Islamic Studies at the University of Edinburgh. For three years, he served as Treasurer of BRAIS (the British Association for Islamic Studies). Robert Gleave is Professor of Arabic Studies at the University of Exeter, UK. He teaches and researches in Arabic and Islamic Studies with a focus on Islamic law and legal theory, Shi'ite Islam and techniques of exegesis in Islamic intellectual history. He is author of Inevitable Doubt (Brill, 2000), Scripturalist Islam (Brill, 2007) and Islam and Literalism (EUP, 2011). He edited the Violence in Islamic Thought series (EUP, 2016 to 2021). Islamic law in Context is one of the outputs of the Understanding Sharia project (funded by the HERA consortium), of which he was Principal Investigator.
Content
Introduction Robert Gleave and Omar Anchassi; Part I. Islamic Legal Theory (U?ul al-Fiqh) and Related Genres: 1. The Foundation of Analogy Ziad Bou Akl; 2. The Insufficiency of Concomitance Alone Walter Edward Young; 3. Selections from al-Manthur fi-l-Qawa?id of Badr al-Din al-Zarkashi (d. 794/1392) Elias G. Saba; 4. 'Is Every Mujtahid Correct or Not?' and the implications of holding incorrect theological beliefs for one's fate in the hereafter, from Qawanin al-U?ul of Mirza al-Qummi (d. 1231/1816) Ali-reza Bhojani; 5. The 'Innovation' of Legal School Affiliation Robert Gleave; Part II. Islamic Jurisprudence (Fiqh) and Related Genres: 6. The Kitab al-Umma, or ?a?ifat al-Madina Rehanna Nurmohamed; 7. Section on lawful food from al-Mabsu? fi Fiqh al-Imamiyya of Mu?ammad b. al-?asan al-?usi (d. 460/1067) Sumeyra Yakar; 8. 'The Treatise of Refutation of those who Criticise [Our] Conduct' (Kitab al-Radd ?ala man ?a?ana fi l-Sira) attributed to Imam al-Mutawakkil ?ala Allah, A?mad b. Sulayman (d. 566/1170) Eirik Hovden; 9. Menstruating Women and Visiting the Mosque Robert Gleave; 10. Section on the law of rebellion from the Radd al-Mu?tar of Ibn ?Abidin (d. 1252/1836) Aysegul Simsek; 11. Offer and Acceptance in Islamic Marriage Robert Gleave; 12. Treatise on Jihad and Migration Magomed Gizbulaev; 13. Alms Tax (zaka) in Shi?i Law Maryam Rutner; 14. A Difficult Case of Divorce, Tholaq Samvadam of ?Abd Allah Musliyar (b. ?) Sayyed Mohamed Muhsin; Part III. Legal Opinions (Fatwas): 15. Ottoman Fatwas on the Substitution of Defunct Endowment Properties, from al-Aqwal al-Mar?iyya of Qa?izadah Mu?ammad ?ahir (d. 1254/1834) Hatice Kubra; 16. Settling Disputes among Nomads Ismail Warscheid; 17. Fatwas on Aspects of Modern Life Knut S. Vikor; 18. 'According to the qaul mu?tamad it is unlawful and invalid' Mohamad Bekti Khudari Lantong; 19. Women and Leadership Mahmoud Afifi; 20. 'His doctrine is deviant' Mukhsin Achmed; Part IV. Court Judgements and other Court Documentation: 21. The Restitituion of Conjugal Rights Sohaira Siddiqui; 22. A Shari?a Court Judgement of Mu?ammad ?usayn Fisharaki (d. 1353/1935) reviving the Safavid Waqf of Mirza A?mad Kafrani (d. after 988/1580) Zahir Bhalloo; 23. Authenticating Marriage Monika Lindbekk; 24. Judgment of the Moroccan Supreme Council of Shari?a Appeals, Ruling #52 on Issue #4164 concerning Inheritance, Slavery, and Paternity (1359/1943) Ari Schriber; 25. Shari?a, Sales and Loans in the Malaysian High Court Amir Shaharuddin; 26. A Shari?a Court Decision on the Type of 'Compensation' in hul???/khul? Divorce Asnakech Getnet; Part V. Judicial Manuals and Reference Books: 27. 'The Discretion of the Imam' Kubra Nugay; 28. On Criminal Law Mina Khalil; 29. Custody Disputes and the Best Interest of the Child, from al-Murshid fi l-Qa?a? al-Shar?i by Qa?i Iyad Zahalka Nijmi Edres; 30. Ibn Khunyan (b. 1376/1956) on Ajudication and Judicial Organisation, from al-Kashif fi Shar? Ni?am al-Murafa?at al-Shar?iyya al-Sa?udi ('A Commentary on the Saudi Code of Shari?a Procedure') Dominik Krell; 31. Temporary Marriage in Iranian Family Law Hannah L. Richter; 32. On Scriptuaries and Pagans as Slave-Concubines Omar Anchassi; Part VI. Alternative Sources for Islamic Legal Studies: Licenses, Biographies, Pamphlets, Speeches and Novels: 33. Reform of Islamic Law in 19th century Afghanistan Elham Bakhtary; 34. The 'Permission to Teach' the Law Robert Gleave; 35. Controversial and Uncontroversial Biographies in Ray?anat al-Adab of Mirza Mu?ammad ?Ali Mudarris (d. 1373/1954) Robert Gleave; 36. Battle of the Qa?is Mahmood Kooria; 37. A?lam al-Na?r and the Islamic State's Justification for Execution by Burning Mathias Ghyoot.