Author: Baber Johansen Publisher: Routledge ISBN: 131531259X Category : Religion Languages : en Pages : 193
Book Description
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Author: Anver M. Emon Publisher: ISBN: 0199679010 Category : Law Languages : en Pages : 1009
Book Description
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Author: Hilary Lim Publisher: Zed Books Ltd. ISBN: 1848137206 Category : Law Languages : en Pages : 247
Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Aharon Layish Publisher: BRILL ISBN: 9004680926 Category : Law Languages : en Pages : 648
Book Description
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.
Author: Malissa Taylor Publisher: Bloomsbury Publishing ISBN: 075564770X Category : History Languages : en Pages : 347
Book Description
Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its classical articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.
Author: Clark B. Lombardi Publisher: ISBN: 9789004135949 Category : Law Languages : en Pages : 328
Book Description
Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.
Author: Clark Lombardi Publisher: BRILL ISBN: 9047404726 Category : Law Languages : en Pages : 319
Book Description
This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
Author: Hilary Lim Publisher: Bloomsbury Publishing ISBN: 1848130686 Category : Political Science Languages : en Pages : 257
Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Samy A. Ayoub Publisher: Oxford University Press ISBN: 0190092939 Category : Law Languages : en Pages : 217
Book Description
This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Author: Baber Johansen
Author: Anver M. Emon
Author: Hilary Lim
Author: Aharon Layish
Author: Malissa Taylor
Author: Clark B. Lombardi
Author: Clark Lombardi
Author: Hilary Lim
Author: Nurit Tsafrir
Author: Samy A. Ayoub