The Anthropology Of Islamic Law

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The Anthropology of Islamic Law

Aria Nakissa
The Anthropology of Islamic Law Book PDF

Author : Aria Nakissa
Publisher : Oxford University Press
Page : 304 pages
File Size : 45,8 Mb
Release : 2019-04-05
Category : Law
ISBN : 9780190932893

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The Anthropology of Islamic Law by Aria Nakissa Pdf

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

The Anthropology of Justice

Lawrence Rosen
The Anthropology of Justice Book PDF

Author : Lawrence Rosen
Publisher : Cambridge University Press
Page : 136 pages
File Size : 51,7 Mb
Release : 1989-06-15
Category : Law
ISBN : 0521367409

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The Anthropology of Justice by Lawrence Rosen Pdf

Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Anthropology of Law in Muslim Sudan

Barbara Casciarri,Mohamed A. Babiker
Anthropology of Law in Muslim Sudan Book PDF

Author : Barbara Casciarri,Mohamed A. Babiker
Publisher : BRILL
Page : 343 pages
File Size : 40,7 Mb
Release : 2018-04-03
Category : Social Science
ISBN : 9789004362185

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Anthropology of Law in Muslim Sudan by Barbara Casciarri,Mohamed A. Babiker Pdf

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

A New Anthropology of Islam

John R. Bowen
A New Anthropology of Islam Book PDF

Author : John R. Bowen
Publisher : Cambridge University Press
Page : 231 pages
File Size : 41,5 Mb
Release : 2012-08-02
Category : Social Science
ISBN : 9780521529785

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A New Anthropology of Islam by John R. Bowen Pdf

This powerful, accessible new study explores the contributions that anthropology has made to the study and understanding of Islam.

Islam, Law, and Equality in Indonesia

John Richard Bowen
Islam Law and Equality in Indonesia Book PDF

Author : John Richard Bowen
Publisher : Cambridge University Press
Page : 314 pages
File Size : 54,7 Mb
Release : 2003-05-29
Category : Political Science
ISBN : 0521531896

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Islam, Law, and Equality in Indonesia by John Richard Bowen Pdf

This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

Waqf in Zaydī Yemen

Eirik Hovden
Waqf in Zayd Yemen Book PDF

Author : Eirik Hovden
Publisher : BRILL
Page : 437 pages
File Size : 55,9 Mb
Release : 2018-10-22
Category : Law
ISBN : 9789004377844

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Waqf in Zaydī Yemen by Eirik Hovden Pdf

Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.

God's Property

Nada Moumtaz
God s Property Book PDF

Author : Nada Moumtaz
Publisher : Univ of California Press
Page : 304 pages
File Size : 48,9 Mb
Release : 2021-08-10
Category : History
ISBN : 9780520345874

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God's Property by Nada Moumtaz Pdf

Waqf, a non-definition -- State, law, and the "Muslim community" -- The intent of charity -- Charity and the family -- The "Waqf's benefit" and public benefit -- Conclusion -- Appendix A. Main Ottoman Mutūn and their main commentaries and glosses -- Appendix B. Umari mosque expenditures and appointments.

The Politics of Islamic Law

Iza R. Hussin
The Politics of Islamic Law Book PDF

Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 54,9 Mb
Release : 2016-03-31
Category : Law
ISBN : 9780226323480

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The Politics of Islamic Law by Iza R. Hussin Pdf

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

China and Islam

Matthew S. Erie
China and Islam Book PDF

Author : Matthew S. Erie
Publisher : Cambridge University Press
Page : 473 pages
File Size : 55,5 Mb
Release : 2016-09
Category : Law
ISBN : 9781107053373

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China and Islam by Matthew S. Erie Pdf

This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.

Islamic Law in the Indian Ocean World

Mahmood Kooria,Sanne Ravensbergen
Islamic Law in the Indian Ocean World Book PDF

Author : Mahmood Kooria,Sanne Ravensbergen
Publisher : Routledge
Page : 197 pages
File Size : 45,9 Mb
Release : 2021-09-23
Category : Social Science
ISBN : 9781000435351

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Islamic Law in the Indian Ocean World by Mahmood Kooria,Sanne Ravensbergen Pdf

This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.

Sharia Dynamics

Timothy P. Daniels
Sharia Dynamics Book PDF

Author : Timothy P. Daniels
Publisher : Springer
Page : 364 pages
File Size : 55,8 Mb
Release : 2017-01-12
Category : Social Science
ISBN : 9783319456928

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Sharia Dynamics by Timothy P. Daniels Pdf

This multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.

Law and Property in Algeria

Anonim
Law and Property in Algeria Book PDF

Author : Anonim
Publisher : BRILL
Page : 197 pages
File Size : 53,9 Mb
Release : 2018-03-20
Category : Social Science
ISBN : 9789004362116

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Law and Property in Algeria by Anonim Pdf

This book, which focuses on law and property in Algeria from an anthropological perspective, seeks to contribute to our understanding of Algerian society today and to the anthropology of law in a Muslim environment.

Encounters with Islam

Lawrence Rosen
Encounters with Islam Book PDF

Author : Lawrence Rosen
Publisher : Cambridge University Press
Page : 211 pages
File Size : 53,8 Mb
Release : 2023-08-31
Category : History
ISBN : 9781009389037

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Encounters with Islam by Lawrence Rosen Pdf

Offers an interdisciplinary anthropological study of the Islamic world - exploring art, law, and religion - to challenge existing stereotypes.

Islam and New Kinship

Morgan Clarke
Islam and New Kinship Book PDF

Author : Morgan Clarke
Publisher : Berghahn Books
Page : 262 pages
File Size : 52,7 Mb
Release : 2009-06-01
Category : Social Science
ISBN : 9781845459239

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Islam and New Kinship by Morgan Clarke Pdf

Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.

The Anthropology of Law

Fernanda Pirie
The Anthropology of Law Book PDF

Author : Fernanda Pirie
Publisher : OUP Oxford
Page : 288 pages
File Size : 42,7 Mb
Release : 2013-10-31
Category : Social Science
ISBN : 9780191650666

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The Anthropology of Law by Fernanda Pirie Pdf

Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship. The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution. It also delves into the rich corpus of texts and codes studied by legal historians, classicists and orientalists: the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. Ancient codes, medieval coutumes, village constitutions, and tribal laws provide rich empirical detail for the authors analysis of the cross-cultural importance of the form of law, as text or rule, and carefully-selected examples shed new light upon the interrelations and distinctions between laws, custom, and justice. Legalism is taken as the starting point for inquiry into the nature and functions of law, and its roles as an instrument of government, a subject of scholarship, and an assertion of moral order. An argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth, which lie at the heart of what we think of as law.