-
The Status of Music in Islamic Law: Ibn Ḥajar al-Haytamī’s (d. 974/1567) Treatise Against Recreation in its Polemical Context Islamic Law and Society Pub Date : 2024-03-05 Fitzroy Morrissey
Kaff al-raʿāʿ ʿan muḥarramāt al-lahw wa-l-samāʿ is an influential treatise on the legal status of music and other recreational activities written by the Shāfiʿī Ibn Ḥajar al-Haytamī (d. 974/1567) in 958/1551. This article offers the first analysis of this “treatise against recreation”. Ibn Ḥajar al-Haytamī argues for the impermissibility of most musical activities on the basis of the Qurʾan and Hadith
-
Islamic Apocalyptic Jurisprudence Islamic Law and Society Pub Date : 2024-02-28 Ali Rod Khadem
This article introduces Islamic apocalyptic jurisprudence (theories of final law that will govern humanity in the End Times) to academic study. Section 1 considers why the topic has remained unexamined and suggests a basic taxonomy. Section 2 exposes the apocalyptic jurisprudence of two case studies, representing the “reversionist” and “progressivist” poles of Sunni discourses: the Islamic State of
-
Spousal Harm in the Mālikī Law School: Evidence and Procedure Islamic Law and Society Pub Date : 2023-12-05 Tesneem Alkiek
The Mālikī law school grants a wife the right to judicial divorce if her husband harms her. Mālikīs distinguish between harm that is legally actionable and harm that is non-actionable. A husband causes actionable harm (ḍarar) when he violates his wife’s rights, which Mālikī scholars define broadly. By establishing ḍarar as grounds for divorce, Mālikīs demonstrate their willingness to limit a husband’s
-
The First Public Murder in the Tanzimat Era: Life, Trial and Execution of Emine Hanım Islamic Law and Society Pub Date : 2023-10-29 Murat R. Şiviloğlu
In 1860, Emine Hanım killed her husband Ferik İbrahim Pasha. In this article, I use her murder trial to examine the interrelation between slavery, the private lives of the Ottoman ruling class, and the complexities of the judicial system during the Tanzimat period (1839–1876). I identify the limitations of nineteenth-century legal reforms and the discrepancy between the reformist ideals and the real-world
-
Between Preaching and Judging: the Muslim Brotherhood and the Predicament of takfīr (1960s–1980s) Islamic Law and Society Pub Date : 2023-06-21 Sebastian Elsässer
Both as a slogan and a book, “Preachers, not Judges” has long dominated academic narratives about the Muslim Brotherhood’s turn towards ‘moderation’ in the 1970s and 1980s. However, upon examination, several commonplace assumptions about “Preachers, not Judges” do not hold. Firstly, the Muslim Brotherhood never renounced takfīr as a basic doctrine. It only debated different ways of implementing this
-
ʿUmar ii and the Prohibition of Ṭilāʾ and Nabīdh Islamic Law and Society Pub Date : 2023-06-16 Elon Harvey
Following a brief introduction, this article has two parts and an appendix. In the first part, I examine the passage prohibiting intoxicating ṭilāʾ (cooked grape juice) in the “fiscal rescript” attributed to ʿUmar ii (d. 101/720) by Ibn ʿAbd al-Ḥakam (d. 214/829). I argue that this passage’s core goes back to an edict of ʿUmar ii that is no longer extant. I suggest that ʿUmar ii issued the prohibition
-
Ašhab b. ʿAbd al-ʿAzīz (m. 204/820) et l’évolution du maḏhab mālikite (iiie-vie/Ixe-xiie siècle) Islamic Law and Society Pub Date : 2023-03-28 Clément Salah
Although recognized as an important legal authority in the formative period of Mālikī legal doctrine (2nd-3rd/8th-9th century), Ašhab b. ʿAbd al-ʿAzīz (d. 204/820) is portrayed in narrative sources after the 4th/10th century as a scholar who diverged from or even contradicted the master’s doctrine, Mālik b. Anas (d. 179/795). This article examines Ašhab’s divergence and independency through the analysis
-
Facing Mecca from Java: Two Treatises on the Establishment of the qibla, and Their Scholarly and Social Context Islamic Law and Society Pub Date : 2023-03-20 Philipp Bruckmayr
Between the 1870s and 1902, the Jakarta-based Sayyid ʽUthmān b. ʽAbd Allāh al-ʽAlawī wrote two epistles on the correct establishment of the qibla. Questions on the qibla and, controversially, on correcting the faulty direction of prayer in several mosques in Southeast Asia, surfaced in the late 18th century and reappeared periodically until well into the 20th century. Seeking to change the established
-
A House of Worship for Every Religious Community: The History of a Mālikī Fatwā Islamic Law and Society Pub Date : 2023-01-30 Janina Safran
This essay traces the incorporation of a sixth/twelfth century fatwā supporting the construction of churches in North Africa in the Mālikī madhhab and provides insight into practices of Mālikī legal interpretation in the Maghrib in the ninth/fifteenth century. In his fatwā, the Cordoban jurist Ibn al-Ḥājj (d. 529/1134) addressed a novel situation involving the relocation of Christians from al-Andalus
-
Salafi-Jihadi Online Communication in Israel: Forging a Community Through an “Enclave” Mindset Islamic Law and Society Pub Date : 2023-01-24 Eli Alshech
The article explores the ways in which online posting by contemporary Salafi-jihadis in Israel create an enclave mentality that serves to transform Salafi-jihadis into an insular community. Because Salafi-jihadis can no longer by law advocate active jihad on social media in Israel, their posts focus on three Islamic legal themes: The dichotomy between God’s devotees and God’s enemies; the untrustworthiness
-
Taqyīd al-Mubāḥ and Tobacco: Between Administrative and Legislative Authority Islamic Law and Society Pub Date : 2023-01-20 Umar Shareef
This article identifies the seventeenth-century Ottoman legal debate over the permissibility of tobacco as an early instance in which jurists such as Najm al-Dīn al-Ghazzī and Ibrāhīm al-Laqānī, and ʿAlāʾ al-Dīn al-Haṣkafī refer to the ‘ruler’s right to restrict the permissible’ (taqyīd al-mubāḥ) to justify sultan Murād iv’s restriction of smoking. In response, jurists such as ʿAbd al-Ghanī al-Nābulsī
-
Ḥanafī Approaches to Copyright Islamic Law and Society Pub Date : 2022-12-26 Julie Lowe
Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tradition is the only school that does not protect intellectual property. By examining Ḥanafī legal manuals and fatwās by contemporary Ḥanafī jurists, I argue that variant interpretations of Ḥanafī doctrine can result in a finding of compatibility or incompatibility between Ḥanafī law and copyright. Interpretations
-
The Integration of Yemen into the Ottoman Bureaucratic and Central Judicial System (1872–1918) Islamic Law and Society Pub Date : 2022-12-26 Hümeyra Bostan-Berber
This article deals with the institutionalisation and bureaucratisation of the judicial system in the Ottoman province of Yemen in the late nineteenth and early twentieth centuries. During this period, the Ottoman central government gradually transformed and reorganised its judiciary, restricting the purview of the traditional şer‘iyye courts and increasing that of its new nizamiye courts. However,
-
“It is Permitted for the Amīr but not the Qāḍī”: The Military-Administrative Genealogy of Coercion in Abbasid Criminal Justice Islamic Law and Society Pub Date : 2022-11-22 Mohammed Allehbi
Muslim rulers and law enforcers used coercion as an evidentiary method for criminal cases during the Abbasid period. These coercive procedures consisted of imprisonment, threats of beatings, and lashings. Coercive interrogations were shaped by the practices of the shurṭa (criminal magistrates and police chiefs), based on military methods, administrative precedents, and discretion, not on fiqh (Islamic
-
Des amphores rouges et des jarres vertes: Considérations sur la production et la consommation de boissons fermentées aux deux premiers siècles de l’hégire Islamic Law and Society Pub Date : 2022-09-02 Mathieu Tillier, Naïm Vanthieghem
The prohibition of fermented beverages in Muslim societies was the result of an interpretative process that developed over time. The Qurʾān serves as a witness to the prohibition of wine (khamr), but is silent about other types of beverages. Documentary sources show that Egyptian authorities in the first century ah stimulated the production and drinking of fermented beverages by requisitioning wine
-
Fatwās for an Unprecedented Minority: Sheikh Rāʾid Badīr and the fiqh of Medical Transplantation for Muslims Living in Israel Islamic Law and Society Pub Date : 2022-08-22 Nesya Rubinstein-Shemer
This article deals with legal opinions (fatwās) for Muslims living in Israel as a minority under non-Muslim rule. A well-developed legal doctrine known as fiqh al-aqalliyyāt al-muslima (jurisprudence concerning Muslim minorities) applies to Muslim minorities living in the West. The innovators of fiqh al-aqalliyyāt, Yūsuf al-Qaraḍāwī and Ṭaha Jābir al-ʿAlwānī, did not issue legal opinions for the Muslim
-
Between Sale and Worship: Consistent Inconsistencies in Classical Ḥanafī and Mālikī Rulings on Marital Annulments Islamic Law and Society Pub Date : 2022-07-10 M. Coetsee, M. al-Marakeby
This essay compares patterns in Ḥanafī and Mālikī rulings about marital annulments and shows how they are connected to differences in how these two schools treated the relationships between marriage, sales, and worship law. Drawing on a variety of jurisprudential texts from the 5th/11th to the 9th/15th centuries, including Ibn Rushd’s (d. 595/1198) Bidāyat al-Mujtahid and Burhān al-Dīn al-Farghānī
-
The Islamic Law of Pearling: Ritual Obligation and Economic Practice in the Arabian Gulf, ca. 1910–1940 Islamic Law and Society Pub Date : 2022-04-21 Alexandre Caeiro
In the first half of the twentieth century, the legal landscape of the Arabian sheikhdoms was pluralistic and fragmented. The legal actors who settled disputes included local rulers, qāḍīs, pearl merchants, tribal shaykhs, and British officials. Drawing on fatwas and correspondence between religious scholars and notables in Baghdad, Cairo, Damascus, Doha, Kuwait and Manama, I examine how Islamic law
-
Canonization in Islamic Law: A Case Study based on Shāfiʿī Literature Islamic Law and Society Pub Date : 2022-04-20 Norbert Oberauer
The present study analyzes processes of canonization in Islamic law, with a focus on the Shāfiʿī madhhab. I argue that the formation of schools of law may be described as the emergence of distinct networks of intertextual references. This intertextuality – which is manifest inter alia in the choice of commentary and abridgement as key literary genres – transformed legal insight into a collective project
-
SherAli Tareen (2020), Defending Muḥammad in Modernity Islamic Law and Society Pub Date : 2022-03-31 Sohaib Baig
-
Sohaira Z. M. Siddiqui (2019), Law and Politics under the Abbasids: An intellectual portrait of al-Juwaynī Islamic Law and Society Pub Date : 2022-03-31 Jonathan E. Brockopp
-
The Birth of the Islamic Investor: Shareholding, Modern Islamic Law, and the Rise of Islamic Finance Islamic Law and Society Pub Date : 2022-03-23 Ibrahim Elhoudaiby
What is Islamic about Islamic finance? How does the industry’s Islamicity compare to the notions of trade and commerce in classical sharīʿa? In this essay, I explore the genealogy of Islamic finance by scrutinizing twentieth-century fatwās on share certificates. I argue that these fatwās gave rise to shareholding as a novel property relation, one that severs the shareholder’s non-financial interest
-
Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57) Islamic Law and Society Pub Date : 2022-03-23 Mariam Sheibani
This essay reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years prior to the beginning of Sultan Baybars’s judicial reform in 660/1262. The case involved the marriage of a minor orphan girl. The Shāfiʿī chief justice of Damascus initially permitted the marriage but later instructed his deputy judge to annul it, a move that outraged
-
The Four Books of Shiʿi Hadith: From Inception to Consolidation Islamic Law and Society Pub Date : 2021-11-30 Amin Ehteshami
Since their compilations in the tenth and eleventh centuries ce, the four hadith books, al-Kāfī, al-Faqīh, al-Tahdhīb, and al-Istibṣār, have left an indelible mark on Shiʿi religiosity. The present study takes as its starting point the earliest instance in which these four compilations were collectively referred to as the Four Books (al-kutub al-arbaʿa). I investigate the major developments in the
-
Between Implementation and Legislation: The Shiʿi Imam Muḥammad al-Jawād’s Khums Demand Letter of 220 ah/835 ce Islamic Law and Society Pub Date : 2021-11-09 Edmund Hayes
The Imami Shiʿa are usually treated as a community defined by belief. By analysing a letter attributed to the ninth Imami Imam, Muḥammad al-Jawād dated to the year of his death in 220/835, I show that the Imami Shiʿa were defined also by institutional structures that tied them to their Imam in his capacity as community leader. Details of transmission, form and content suggest that the letter may well
-
Al-Shāfiʿī Against the Kufan School Islamic Law and Society Pub Date : 2021-09-30 Christopher Melchert
One of the short works of al-Shāfiʿī (d. 204/820) is Ikhtilāf ʿAlī wa-ʿAbd Allāh ibn Masʿūd (“the disagreements of ʿAlī and ʿAbd Allāh ibn Masʿūd”). It comprises first quotations of the Companions ʿAlī and Ibn Masʿūd advocating rules that the Kufans reject, secondly counter-reports supporting the rules that al-Shāfiʿī advocates. It seems to be one of the earliest of al-Shāfiʿī’s works. It argues mainly
-
Abū Yūsuf’s Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā and the Transmission of Knowledge in the Formative Period of the Ḥanafī School Islamic Law and Society Pub Date : 2021-09-21 Sohail Hanif
In this essay, I address the longstanding debate on attributing legal texts to formative-period authors by focusing on the transmission of one early text: Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798), and its reception by one early jurist: Abū Jaʿfar al-Ṭaḥāwī (d. 321/933). I argue that al-Ṭaḥāwī’s written work attests to the existence of multiple independent transmissions
-
Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising Islamic Law and Society Pub Date : 2021-08-26 Nareman Amin
Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis
-
Islamic Legal Reform or Re-formation? The Transmutations of Critique in Rumee Ahmed’s Sharia Compliant: A User’s Guide to Hacking Islamic Law Islamic Law and Society Pub Date : 2021-07-20 Rami Koujah
To say that the issue of Islamic legal reform is on the minds of most scholars and students (Muslim or otherwise) of Islamic law is hardly an exaggeration. But what does reform look like? Rumee Ahmed engages the issue in his recent book, Sharia Compliant: A User’s Guide to Hacking Islamic Law. Intended for a broad audience and aimed at catalyzing legal change from the bottom up, Sharia Compliant attempts
-
Text Mining Islamic Law Islamic Law and Society Pub Date : 2021-07-20 Christian Lange, Maksim Abdul Latief, Yusuf Çelik, A. Melle Lyklema, Dafne E. van Kuppevelt, Janneke van der Zwaan
Digital humanities has a venerable pedigree, stretching back to the middle of the twentieth century, but despite noteworthy pioneering contributions it has not become a mainstream practice in Islamic Studies. This essay applies humanities computing to the study of Islamic law. We analyze a representative corpus of works of Islamic substantive law (furūʿ al-fiqh) from the beginnings of Islamic legal
-
The Ur-Muwaṭṭaʾ and Its Recensions Islamic Law and Society Pub Date : 2021-07-16 Ahmed El Shamsy
In this essay, I use the numerous extensive quotations from Mālik found in al-Shāfiʿī’s Kitāb al-Umm to reconstruct what might be called al-Shāfiʿī’s recension of Mālik’s Muwaṭṭaʾ and to compare this recension with the surviving complete Muwaṭṭaʾ recensions of Abū Muṣʿab al-Zuhrī, Ibn Bukayr, and Yaḥyā b. Yaḥyā al-Laythī. I present examples of the differences between the recensions, analyze one specific
-
From Ethico-Religious Exhortation to Legal Paraenesis: Functions of Qur’anic Waʿẓ Islamic Law and Society Pub Date : 2021-06-17 Nora K. Schmid
This essay examines qur’anic “exhortation” and “legal paraenesis” in light of pre-Islamic Arabic poetry and late antique biblical traditions. It analyzes the verb waʿaẓa and related forms in narrative and legal/legislative sections of suras that can be assigned to different chronological stages of the Qur’an’s textual genesis. Qur’anic exhortations initially occur in narratives about messengers sent
-
Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan Islamic Law and Society Pub Date : 2021-06-17 Muhammad Zubair Abbasi
In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several
-
Authority in the Classical Ḥanafī School: the Emergence & Evolution of Ẓāhir al-Riwāya Islamic Law and Society Pub Date : 2021-05-26 Salman Younas
The madhhab in its classical form was an authoritative entity with substantive boundaries that established the outer limits of the school and its authoritative doctrine. The latter involved, among other things, confronting the plurality of opinions found within the school. In this essay, I will analyse the manner in which Ḥanafī jurists attempted to limit this plurality through an authorizing discourse
-
The Function of Documents in Islamic Court Procedure: a Multi-Dimensional Approach Islamic Law and Society Pub Date : 2021-05-11 Norbert Oberauer
The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ manuals, fatwās and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional
-
Status Distinctions and Sartorial Difference: Slavery, Sexual Ethics, and the Social Logic of Veiling in Islamic Law Islamic Law and Society Pub Date : 2021-04-20 Omar Anchassi
This article explores how jurists articulated the distinction between free and enslaved Muslim women through sartorial norms in the formative and early post-formative periods of Islamic law. Drawing on works of fiqh (positive law), tafsīr (Qurʾān commentary) and ḥadīth (Prophetic and non-Prophetic reports), I posit that this distinction attests to the tensions between “proprietary” and “theocentric”
-
Jonathan E. Brockopp (2017), Muhammad’s Heirs: The Rise of Muslim Scholarly Communities, 622–950 Islamic Law and Society Pub Date : 2021-01-04 Scott Lucas
-
Sarah Stroumsa (2019), Andalus and Sefarad: On Philosophy and Its History in Islamic Spain Islamic Law and Society Pub Date : 2021-01-04 Luke B. Yarbrough
-
“Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq Islamic Law and Society Pub Date : 2021-01-04 Youcef L. Soufi
The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second
-
Lev Weitz (2018), Between Christ and Caliph: Law, Marriage and Christian Community in Early Islam Islamic Law and Society Pub Date : 2020-10-20 Robert Hoyland
-
-
Destroying Churches by Performing Knowledge: Ibn al-Rifʿa’s Kitāb al-nafā’is fī adillat hadm al-kanā’is (700/1301) and the Social Negotiation of Legal Authority Islamic Law and Society Pub Date : 2020-08-29 Gowaart Van Den Bossche
In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid
-
Dhimmī-s de la Syrie rurale et institutions mameloukes : de l’utilisation de la théorie shāfiʿite à l’autonomie juridictionnelle du Patriarcat maronite d’après cinq actes d’achat inédits (IXe/XVe siècle) Islamic Law and Society Pub Date : 2020-08-26 Wissam H. Halawi, Élise Voguet
This article presents the edition and translation of five unpublished notarial deeds that describe the purchase of lands for the benefit of the Maronite Patriarchate in the 9th/15th century. They attest the recognition of this ecclesiastical institution by the Mamluk authorities, so that its representatives could conclude transactions on its behalf, before the deputy of the shāfi‘ī qadi. The Patriarchate
-
Are Cryptocurrencies ḥalāl? On the Sharia-Compliancy of Blockchain-Based Fintech Islamic Law and Society Pub Date : 2020-08-24 Irene K. F. Kirchner
The discussion of the sharia-compliancy of cryptocurrencies is shaped by the competing interests of legislators, the business and banking sector, private investors and, finally, religious scholars whose conclusions are diverse and often contradictory. This essay provides an overview of historical and modern Islamic conceptions of commodities and property, money, and contract of sale laws, and how they
-
Vernacular Legalism in the Ottoman Empire: Confession, Law, and Popular Politics in the Debate over the “Religion of Abraham (millet-i Ibrāhīm)” Islamic Law and Society Pub Date : 2020-08-14 Nir Shafir
In the seventeenth century, Ottoman jurists repeatedly tried to stop Muslims from stating that they “belonged to the religion of Abraham.” A century earlier, however, the expression had been a core part of the new confessional identity of the empire’s Muslims. This article explores how the phrase changed from an attestation of faith to a sign of heresy through a study of a short pamphlet by Minḳārīzāde
-
Shurāt Legends, Ibāḍī Identities: Martyrdom, Asceticism, and the Making of an Early Islamic Community, written by Adam R. Gaiser, 2016 Islamic Law and Society Pub Date : 2020-08-06 Christian C. Sahner
-
El valor del tiempo: Doctrina jurídica y práctica de la usura (ribā) en el Occidente islámico medieval, written by Adday Hernández López, 2016 Islamic Law and Society Pub Date : 2020-08-06 Camilo Gómez-Rivas
-
Casting Aside the Clutches of Conjecture: the Striving for Religious Certainty at Aligarh Islamic Law and Society Pub Date : 2020-04-28 Simon Wolfgang Fuchs
Why did the famous North Indian modernist and founder of the Muhammadan Anglo-Oriental College in Aligarh, Sayyid Aḥmad Khān (d. 1315/1898), lash out against emulation (taqlīd) in Islamic law (fiqh)? The usual explanation is that he wanted to shift religious authority away from the religious scholars (ʿulamāʾ) toward ordinary Muslims. Countering this claim, I argue that his goal and that of his followers
-
From ʿAlid Treatise to anti-Shiʿi Text: the Riṣāla fī ibṭāl bidaʿ munkarāt of ʿAbdallāh b. ʿUmar Bin Yaḥyā (d. 1265/1849) and its Afterlife in Indonesia Islamic Law and Society Pub Date : 2020-04-15 Ismail Fajrie Alatas
This article examines a little-known treatise on the commemoration of ʿĀshūrāʾ (the martyrdom of al-Ḥusayn, the grandson of the Prophet Muḥammad) written by a scholar from the Ḥaḍramawt, ʿAbdallāh b. ʿUmar Bin Yaḥyā (d. 1265/1849). Entitled Risāla fī ibṭāl bidaʿ munkarāt (Treatise on Nullifying Reprehensible Innovations), the text was composed in response to the ʿĀshūrāʾ commemorative processions introduced
-
Maimonides and the Merchants: Jewish Law and Society in the Medieval Islamic World, written by Mark Cohen, 2017 Islamic Law and Society Pub Date : 2020-03-02 Eve Krakowski
-
Governing Islam: Law, Empire, and Secularism in South Asia, written by Julia Stephens, 2018 Islamic Law and Society Pub Date : 2020-02-20 Fareeha Khan
-
Islam and Politics: From the Margins to the Center Islamic Law and Society Pub Date : 2020-02-20 Aaron Rock-Singer
-
Islamic Charity as (Non)Political in Contemporary Egypt Islamic Law and Society Pub Date : 2020-02-20 Amira Mittermaier
Whereas some Muslim-majority countries have centralized alms economies, in others Islamic charity unfolds informally. In Egypt, pious giving occurs on the margins of the state but lies at the heart of society. Egyptians’ daily charitable practices may therefore be read as political in the broad sense proposed by Hannah Arendt: efforts by ordinary citizens to shape the conditions of their collective
-
Scholars, Spice Traders, and Sultans: Arguing over the Alms-Tax in the Mamluk Era Islamic Law and Society Pub Date : 2019-11-13 Joel Blecher
Amidst the politics of the Mamluk-era spice route, why did the standard-bearers of Islamic law routinely oppose the sultanate’s imposition of an alms-tax on merchandise (zakāt al-tijāra), despite the abundance of support for such a tax within the classical tradition of Islamic law? Rather than contending – as some modern scholars have – that prominent jurists developed loopholes that circumvented the
-
‘Where Only Women May Judge’: Developing Gender-Just Islamic Laws in India’s All-Female ‘Sharī‘ah Courts’ Islamic Law and Society Pub Date : 2019-10-30 Justin Jones
Over the last four years, India has become the centre for a major experiment in the implementation of a so-called ‘gender-just Islam’ by Islamic feminist organisations: the formation of a non-official, female-led sharī‘ah court network, within which women serve as qāẓīs (religious judges) to adjudicate disputes within Muslim families. Presenting themselves as counterweights to more patriarchal legal
-
Levity Makes the Law: Islamic Legal Riddles Islamic Law and Society Pub Date : 2019-10-01 Matthew L. Keegan
This article traces the emergence of compilations of a particular kind of legal riddle in the 8th/14th century, with special reference to the compilation of Ibn Farḥūn (d. 799/1397). Ibn Farḥūn’s riddles could be solved only by someone with detailed knowledge of Islamic positive law (furūʿ), and he argues that they are both an appropriate form of restful entertainment and a kind of competitive pedagogy
-
Filling Gaps in Legislation: The Use of Fiqh by Contemporary Courts in Morocco, Egypt, and Indonesia Islamic Law and Society Pub Date : 2019-09-18 Baudouin Dupret, Adil Bouhya, Monika Lindbekk, Ayang Utriza Yakin
HAL is a multi-disciplinary open access archive for the deposit and dissemination of scientific research documents, whether they are published or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers. L’archive ouverte pluridisciplinaire HAL, est destinée au dépôt et à la diffusion de documents scientifiques de niveau recherche
-
From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law, written by Will Smiley, 2019 Islamic Law and Society Pub Date : 2019-09-13 Mariam Sheibani
-
Corporate Islam: Sharia and the Modern Workplace, written by Patricia Sloane-White, 2017 Islamic Law and Society Pub Date : 2019-09-13 Sarah A. Tobin
-
Underwriting the Empire: Nizamiye Courts, Tax Farming and the Public Debt Administration in Ottoman Syria Islamic Law and Society Pub Date : 2019-09-13 Nora Barakat
This article investigates the role of the Ottoman Nizamiye Court of First Instance in conflicts over capital between public revenue agencies and tax farmers in the Syrian district of Homs at the turn of the twentieth century. The court’s records show that it adjudicated these conflicts in exclusive reference to codified law. However, I argue that the court’s formalist adjudication responded to political