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ENGLISH

Sharecropping In The Yemen - A Study In Islamic Theory, Custom And Pragmatism

by William Donaldson

259,70€ + 10% CARD

 This book discusses sharecropping in the Yemen against the background of Islamic law and customary law. Sharecropping is particularly interesting in Islam since its basis (rent as a proportion of an unknown future harvest) is ostensibly inconsistent with the Islamic prohibition against transactions involving gharar (risk or uncertainty). The first half of the book analyses how Islamic theory views sharecropping and is based on a detailed analysis of key legal texts, while the second half focuses on sharecropping as it exists in practice in the Yemen. Textual sources (Islamic legal texts, contracts, pleas and fatwas are related throughout to Yemeni sharecropping in practice, a task not previously attempted, and the work has been written so as to be accessible both to social scientists and to Islamic legal specialists.
ENGLISH

Endowments, Rulers And Community - Waqf Al-Haramayn In Ottoman Algiers

by Miriam Hoexter

202,73€ + 10% CARD

 This study depicts the history of the waqf endowments in Algiers dedicated to the poor of Mecca and Medina over the last 170 years of Ottoman rule. It is one of the first studies of a major public foundation based on its own registers.Its main themes are: the foundation's growth, its benefactors, the evolution of its patrimony, its administration, managerial policies and functions in the town.The author discusses the history of the foundation within two contexts - that of the Islamic endowment institution and that of the history of Algiers - and offers new insights into the interaction between the law and socio-economic circumstances, the dialogue between the local community and its rulers and the role of the foundation as a major factor in the shaping of the Algerian public sphere.
ENGLISH

Islamic Maritime Law - An Introduction

by Hassan Khalilieh

229,23€ + 10% CARD

 This volume examines Islamic maritime law and the actual practice of Muslim sailors during the classical period. It contains seven chapters. The first surveys the important terminology of maritime life. The second chapter examines the interrelationship of shipowners, crew, and passengers. The third chapter deals with maritime commercial laws; contracts for the leasing of ships, freight charges, transportation of goods, taxes and tolls in the ports. It also examines losses at sea, describes the laws concerning of jettison and general average, collision, and salvage of jetsam. Chapter four covers military maritime law; chapter five emphasizes the legal significance of territorial waters as interpreted by Muslim jurists, governors, and seafarers. The sixth chapter discusses how Islamic maritime law was adjudicated at sea, while the final one concludes the study by explaining how sea-travel affected the performance of Islamic religious duties.
ENGLISH

Family And The Courts In Modern Egypt - A Study Based On Decisions By The Shari'A Courts, 1900-1955

by Ron Shaham

352,45€ + 10% CARD

 This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process.Family and the Courts in Modern Egypt contains three parts: marriage, divorce, and intergenerational relations.Scholars and the general reader will find its main contribution to be its systematic analysis of court records relating to the application of modern reforms in family matters; and its attempt to situate the legal aspects of family life within the larger context of socio-economic development in Egyptian society.
ENGLISH

Early Islamic Legal Theory - The Risala Of Muhammad Ibn Idris Al-Shafi?I

by Joseph Lowry

310,05€ + 10% CARD

 The Risala of al-Shafi?i (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qur?an, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risala, in which Shafi?i formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur?an and the Sunna. Topics covered include Shafi?i's creative account of the law's architectonics, hermeneutical techniques, legal epistemology, relationship to kalam, and the role of consensus (ijma?).
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Sanhuri Code, And The Emergence Of Modern Arab Civil Law (1932 To 1949)

eBook 10%

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Sanhuri Code, And The Emergence Of Modern Arab Civil Law (1932 To 1949)

by Guy Bechor

286,20€ + 10% CARD

 Dr. 'Abd al-Razzaq al-Sanhuri (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code.Although Sanhuri's chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society.Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.
ENGLISH

Intent In Islamic Law - Motive And Meaning In Medieval Sunni Fiqh

by Paul Powers

222,60€ + 10% CARD

 This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari'a, and they employ a variety of means and terms to assess and categorize subjective states.Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.
ENGLISH

Dispensing Justice In Islam - Qadis And Their Judgements

368,35€ + 10% CARD

 Dispensing Justice is designed to serve as a sourcebook of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history.
ENGLISH

History Of The Early Islamic Law Of Property - Reconstructing The Legal Development, 7th-9th Centuries

by Hiroyuki Yanagihashi

292,83€ + 10% CARD

 The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of riba. The analysis has two aims. First, it attempts to trace the process by which some hitherto unclarified institutions and transactions were elaborated to form an integral part of the classical Islamic law of property. The second aim to determine how and why the teachings of particular jurists became predominant in Iraq and Medina and laid the foundation of the Hanafi and the Maliki schools of law in each respective region.
ENGLISH

Law, Custom, And Statute In The Muslim World - Studies In Honor Of Aharon Layish

261,03€ + 10% CARD

 This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: shari?a, 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, fatwas, 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.
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Structural Interrelations Of Theory And Practice In Islamic Law

eBook 10%

ENGLISH

Structural Interrelations Of Theory And Practice In Islamic Law - A Study Of Six Works Of Medieval Islamic Jurisprudence

by Ahmad Atif Ahmad

233,20€ + 10% CARD

 This volume introduces six texts of Islamic jurisprudence, authored by six jurists representing all four Sunni schools of Islamic law (two Hanafi, two Shafi?i, one Maliki, and one Hanbali), who lived in areas as far apart as Uzbekistan, Iraq, Syria, Gaza (Palestine), Egypt, and Algeria between the tenth and sixteenth centuries CE. My reading of these texts attempts to articulate an underlying structural interrelationship between theoretical and practical legal reasoning in the Islamic juristic tradition. This volume provides an anatomy of Islamic legal reasoning, centered on the basic concepts of human agency, responsibility, rights, legal hermeneutics, extra-textual sources of the law, and basic inquiries, such as the jurisdiction of law in Islam and the relationship between law and government and between law and theology.
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Authority, Conflict, And The Transmission Of Diversity In Medieval Islamic Law

eBook 10%

ENGLISH

Authority, Conflict, And The Transmission Of Diversity In Medieval Islamic Law

by Kevin Jaques

267,65€ + 10% CARD

 This book looks at Tabaqat al-fuqaha? al-shafi?iyah by Ibn Qadi Shuhbah (d. 851/1448) and how its author attempted to portray the development of the Shafi?i school of law up to his own times. The volume examines the impact of crises on the formation of the tabaqat genre. It demonstrates how tabaqat, dedicated to explicating religious authority, were used by authors to sort-out challenges to intellectual orthodoxies. It also examines in detail the Tabaqat directly, demonstrating Ibn Qadi Shuhbah's depiction of the development of Shafi?i law, the formation of intellectual sub-schools within the madhhab, the causes of legal decline, and curatives for the decline that are to be found in the great Shafi?i Ikhtilaf (divergent opinion) texts: the ?Aziz sharh al-wajiz by al-Rafi?i and the Rawdat al-talibin by al-Nawawi.
ENGLISH

Shari?A And Custom In Libyan Tribal Society - An Annotated Translation Of Decisions From The Shari?A Courts Of Adjabiya And Kufra

by Aharon Layish

257,05€ + 10% CARD

 This volume presents annotated English translations of 72 court decisions handed down by the the Shari?a Courts of Adjabiya and Kufra roughly during the period 1930-1970; the original texts (facsimiles and edited documents) appeared in A.Layish, Legal Documents on Libyan Tribal Society in Process of Sedentarization (Wiesbaden, 1998).The documents address personal status, succession, homicide and bodily injury, property, obligation, and attest to the interaction between the shari?a representing normative Islam, and tribal customary law, representing social reality in Cyrenaica during the aforementioned period. They also exemplify the qadi's role of bringing a Bedouin society within the orbit of normative Islam. A.Borg's essay Orality, Languages, and Culture in Arabic Juridical Discourse addresses cultural aspects of orality on the language of these documents.The study is intended for Orientalists, Islamologists, legal and social historians, social scientists, and lawyers interested in Islamic and comparative law.
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Virtues Of The Flesh - Passion And Purity In Early Islamic Jurisprudence

eBook 10%

ENGLISH

Virtues Of The Flesh - Passion And Purity In Early Islamic Jurisprudence

by Ze'Ev Maghen

233,20€ + 10% CARD

 Robust sexuality, profound spirituality and elaborate legalism are, at first glance, strange bedfellows. The conventional Western wisdom has long conceived of these several modes as comprising an antagonistic trichotomy, in which each component is opposed to the others. Classical Islam, on the other hand, envisioned a unique system of cooperation between the sensual, the ethereal and the forensic.This study employs the vast and hitherto neglected literature of Islamic purity law as a looking glass through which to examine early Muslim attitudes to the romantic and erotic. Probing Qur'an, Hadith, Tafsir and Fiqh, it opens a window on a world of unexpectedly explicit and unrestrainedly joyful sexual expression -- a world located squarely within the confines of God's sacred law and its elucidation.
ENGLISH

Capitulations And The Ottoman Legal System - Qadis, Consuls And Beratlis In The 18th Century

by Maurits Van Den Boogert

296,80€ + 10% CARD

 Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.
ENGLISH

State Law As Islamic Law In Modern Egypt - The Incorporation Of The Shari?A Into Egyptian Constitutional Law

by Clark Lombardi

247,78€ + 10% CARD

 This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic shari?a and discusses its impact on Egypt's constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting shari?a-one that permits the Court to argue that shari'a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court's theory.This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
ENGLISH

Birth Of A Legal Institution - The Formation Of The Waqf In Third-Century A.H. Hanafi Legal Discourse

by Peter Hennigan

239,83€ + 10% CARD

 This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Ahkam al-Waqf of Hilal al-Ra?y and the Ahkam al-Awqaf of al-Khassaf.The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Hanafi legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
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Local Court, Provincial Society And Justice In The Ottoman Empire

eBook 10%

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Local Court, Provincial Society And Justice In The Ottoman Empire - Legal Practice And Dispute Resolution In Cankiri And Kastamonu (1652-1744)

by Bogac A. Ergene

239,83€ + 10% CARD

 This book studies the functions of Islamic courts within the framework of the late seventeenth- and early eighteenth-century Ottoman provincial administration, and explores the processes of adjudication and dispute resolution through a detailed juxtaposition of court records from two Anatolian towns, Cankiri and Kastamonu.In particular, it identifies the socio-economic backgrounds of the court clients, the kinds of issues that they brought to the courts, their strategies of litigation, and how disputes were resolved in the courts. This book also sheds light on the costs of court usage and reveals alternative sites for dispute resolution that existed independently of the courts.This study is particularly useful for the students of legal anthropology as it pays a special attention to the practice of law and the process of dispute resolution.
ENGLISH

Negotiating Homosexuality In Islam - A Legal-Hermeneutical Examination Of Modern Shi?I Discourse

by Mehrdad Alipour

~~157,68€~~ 141,91€ 10% OFF

 To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imami legal debates. I have undertaken this research on the thesis that modern Imami legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shi?i legal scholarship? Responding to this central query, the study is premised on the notion that Imami legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad. Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.
ENGLISH

Islamic Law, Tribal Customary Law And Waqf - Studies In The Legal History Of The Modern Middle East And North Africa

by Aharon Layish

261,03€ + 10% CARD

 In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists' law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Sufi and Salafi traditions or Western law, and the emergence of an Israeli version of Islamic law.
ENGLISH

Formation Of The Sunni Schools Of Law, 9th-10th Centuries C.E.

by Christopher Melchert

~~241,15€~~ 217,04€ 10% OFF

 The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and hadith. No school had a regular means of forming students.Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallal (d. 311/923), and a series of hanafi teachers ending with al-Karkhi (d. 340/952). Malikism prospered in the West for political reasons, while the zahiri and Jariri schools faded out due to their refusal to adopt the common new teaching methods.In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.
ENGLISH

Islamic Banking And Interest - A Study Of The Prohibition Of Riba And Its Contemporary Interpretation

by A. Saeed

~~202,73€~~ 182,46€ 10% OFF

 This is a critical study of the interpretation of the "riba" in Islam, the attempts of Islamic banks to put the interpretation into practice, the problems associated with these attempts and an argument for rethinking its interpretation.
ENGLISH

Islamic Law And The State - The Constitutional Jurisprudence Of Shihab Al-Din Al-Qarafi

by Sherman A. Jackson

341,85€ + 10% CARD

 This book deals with an Ayyubid-Mamluk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamluk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihad was the dominant hegemony, into the post-formative period during which taqlid came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.
ENGLISH

Islamic Law And Culture, 1600-1840

by Haim Gerber

~~197,43€~~ 177,69€ 10% OFF

 This is a study of Islamic law in the final phase of its pre-modern period of existence based on the fatwa collections of two Arab jurists and a Turkish jurist. It re-examines the basic methodological structure of Islamic law and poses the question as to whether Islamic law became closed and rigid.
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