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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: 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: 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: 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: 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: 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: Sabrina Joseph Publisher: BRILL ISBN: 9004228675 Category : Law Languages : en Pages : 210
Book Description
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Ira Gary Peppercorn Publisher: World Bank Publications ISBN: 0821396552 Category : Business & Economics Languages : en Pages : 178
Book Description
The discussion of where people live and how people pay for their housing has undergone a significant shift. Until the mortgage crisis erupted in 2008, the housing policy of most nations focused on increasing home ownership. There had been very little discussion about rental housing, less about social housing, and virtually none about public housing. The mortgage crisis showed the challenges inherent in pushing for home ownership for all. With homes going into foreclosure and with credit tightening in many countries, the need for rental housing increased dramatically. However, most countries are only beginning to consider supporting rental housing as a shelter option. This book is an effort to bring rental housing to the forefront of the housing agenda and to provide general guidance to policy makers. The information it provides can assist key players in housing markets--government officials, private rental property owners, financiers, and nongovernmental organizations--in including rental housing as a critical housing option and in having an informed discussion on how best to stimulate this sector.
Author: Baber Johansen
Author: Baber Johansen
Author: Hilary Lim
Author: Aharon Layish
Author: Anver M. Emon
Author: Malissa Taylor
Author: Clark B. Lombardi
Author: Samy A. Ayoub
Author: Sabrina Joseph
Author: Dina Rizk Khoury
Author: Ira Gary Peppercorn