Legal Documents As Sources For The History Of Muslim Societies
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Legal Documents as Sources for the History of Muslim Societies by Anonim Pdf
This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.
“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”
Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Islamic Law, Tribal Customary Law and Waqf by Aharon Layish Pdf
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 Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.
Dispensing Justice in Islam by Muḥammad K̲ālid Masud,Rudolph Peters,David Stephan Powers Pdf
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
The Development of Islamic Law and Society in the Maghrib by David Stephan Powers Pdf
The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
The Legal Status of DIMMI-S in the Islamic West: (Second/Eighth-Ninth/Fifteenth Centuries) by Maribel Fierro,John Tolan Pdf
The studies brought together in this volume provide an important contribution to the history of dimmi-s in the medieval dar al-islam, and more generally to the legal history of religious minorities in medieval societies. The central question addressed is the legal status accorded to dimmi-s (Jews and Christians) in the Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain).The scholars whose work is brought together in these pages have dealt with a rich and complex variety of legal sources. Many of the texts are from the Maliki legal tradition; they include fiqh, fatwa-s, hisba manuals. These texts function as the building blocks of the legal framework in which jurists and rulers of Maghrebi and Peninsular societies worked.The very richness and complexity of these texts, as well as the variety of responses that they solicited, refute the textbook idea of a monolithic dimmi system, supposedly based on the Pact of 'Umar, applied throughout the Muslim world.In fact when one looks closely at the early legal texts or chronicles from both the Mashreq and the Maghreb, there is little evidence for a standard, uniform dimmi system, but rather a wide variety of local adaptations.The articles in this volume provide numerous examples of the richness and complexity of interreligious relations in Medieval Islam and the reactions of jurists to those relations.
The Legal Status of D̲immī-s in the Islamic West by María Isabel Fierro,John Victor Tolan Pdf
The first monograph devoted to the legal status of religious minorities status accorded to dimmī-s ( Jews and Christians) in the Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain). The articles in this volume provide numerous examples of the richness and complexity of interreligious relations in Medieval Islam and the reactions of jurists to those relations. The studies brought together in this volume provide an important contribution to the history of ḏimmī-s in the medieval dār al-islām, and more generally to the legal history of religious minorities in medieval societies. The central question addressed is the legal status accorded to ḏimmī-s (Jews and Christians) in the Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain). The scholars whose work is brought together in these pages have dealt with a rich and complex variety of legal sources. Many of the texts are from the Mālikī legal tradition; they include fiqh, fatwā-s, ḥisba manuals. These texts function as the building blocks of the legal framework in which jurists and rulers of Maghrebi and Peninsular societies worked. The very richness and complexity of these texts, as well as the variety of responses that they solicited, refute the textbook idea of a monolithic ḏimmī system, supposedly based on the Pact of 'Umar, applied throughout the Muslim world. In fact when one looks closely at the early legal texts or chronicles from both the Mashreq and the Maghreb, there is little evidence for a standard, uniform ḏimmī system, but rather a wide variety of local adaptations. The articles in this volume provide numerous examples of the richness and complexity of interreligious relations in Medieval Islam and the reactions of jurists to those relations
A Bibliography of Islamic Criminal Law by Olaf Köndgen Pdf
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Empires and Communities in the Post-Roman and Islamic World, C. 400-1000 CE by Walter Pohl,Rutger Kramer Pdf
"Empires are not an under-researched topic. Recently, there has been a veritable surge in comparative and conceptual studies, not least of pre-modern empires. The distant past can tell us much about the fates of empires that may still be relevant today, and contemporary historians as well as the general public are generally aware of that. Tracing the general development of an empire, we can discern a kind imperial dynamic which follows the momentum of expansion, relies on the structures and achievements of the formative period for a while, and tends to be caught in a downward spiral at some point. Yet single cases differ so much that a general model is hardly ever sufficient.There is in fact little consensus about what exactly constitutes an empire, and it has become standard in publications about empires to note the profusion of definitions.Some refer to size-for instance, 'greater than a million square kilometers', as Peter Turchin suggested. Apart from that, many scholars offer more or less extensive lists of qualitative criteria. Some of these criteria reflect the imperial dynamic, for instance, the imposition of some kind of unity through 'an imperial project', which allows moving broad populations 'from coercion through co-optation to cooperation and identification'"--
There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.
Writing History in the Medieval Islamic World by Fozia Bora Pdf
In the 'encyclopaedic' fourteenth century, Arabic chronicles produced in Mamluk cities bore textual witness to both recent and bygone history, including that of the Fatimids (969–1171CE). For in two centuries of rule over Egypt and North Africa, the Isma'ili Fatimids had left few self-generated historiographical records. Instead, it fell to Ayyubid and Mamluk historians to represent the dynasty to posterity. This monograph sets out to explain how later historians preserved, interpreted and re-organised earlier textual sources. Mamluk historians engaged in a sophisticated archival practice within historiography, rather than uncritically reproducing earlier reports. In a new diplomatic edition, translation and analysis of Mamluk historian Ibn al-Furat's account of late Fatimid rule in The History of Dynasties and Kings, a widely known but barely copied universal chronicle of Islamic history, Fozia Bora traces the survival of historiographical narratives from Fatimid Egypt. Through Ibn al-Furat's text, Bora demonstrates archivality as the heuristic key to Mamluk historical writing. This book is essential for all scholars working on the written culture and history of the medieval Islamic world, and paves the way for a more nuanced reading of pre-modern Arabic chronicles and of the epistemic environment in which they were produced.
Author : Said Aljoumani,Zahir Bhalloo,Konrad Hirschler Publisher : Walter de Gruyter GmbH & Co KG Page : 230 pages File Size : 54,9 Mb Release : 2023-11-06 Category : History ISBN : 9783111330242
Catalogue of the New Corpus of Documents from the Ḥaram Al-Sharīf in Jerusalem by Said Aljoumani,Zahir Bhalloo,Konrad Hirschler Pdf
The documents from the Ḥaram al-sharīf in Jerusalem constitute one of the most important corpora from the pre-Ottoman Middle East covering broad areas of social, political, cultural and economic history. The first documents from the Ḥaram al-sharīf in Jerusalem were discovered in the 1970s and described by Donald Little (Catalogue of the Islamic Documents, Beirut/Wiesbaden 1984). In recent years, approximately 100 new documents have been discovered that are described in this catalogue. This catalogue sets the new corpus in relation to the 'old' corpus and highlights its potential for future scholarship. The main part is a description of all documents, including size, materiality, summary, editions of beginning/end of document as well as a list of personal names, place names and names of witnesses. The volume also includes the edition of ten fascinating documents (five Persian, five Arabic) with high-quality reproductions of the originals. Finally, the volume includes a list of all Ḥaram al-sharīf documents edited so far.
The Oxford Handbook of Modern Egyptian History by Beth Baron,Jeffrey Culang Pdf
The essays in this Oxford Handbook rethink the modern history of one of the most important and influential countries in the Middle East--Egypt. For a country and region so often understood in terms of religion and violence, this work explores environmental, medical, legal, cultural, and political histories. It gives readers an excellent view of the current debates in Egyptian history.
