Systems of law: Islamic law Books

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Book SynopsisToday's discussions on Islam and the place religion should have in society often lead to questions about the Shari'a - Islamic law. Those who work for a political role for Islam demand that the Shari'a must be applied in their country, while those critical of Islam use the law as proof of its 'medieval' character. Islam is sometimes, not quite justly, called a 'religion of rules', and the rules of Islam are the Shari'a. But it is often hard to establish the exact nature of this law in more practical terms. Asking those who favour it or those who oppose it may only lead to greater confusion. But a rule and its exact opposite can both be said to be 'what the Shari'a says' and what God demands of the believer. It may even be questioned if there is any Shari'a at all in the work-a-day world, or whether it is just an ethical ideal, or a body whose secrets are known only to God. At the same time people may be stoned or mutilated in the name of this law. The key to understanding Shari'a is the concept of 'religious law', a term which might seem contradictory. 'Religion' is faith in a non-material force of some kind, and something we consider internal to the human soul. 'Law', on the other hand, is external to us, established by society in order to regulate the material needs of the community. The contrast between 'religion' and 'law' has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state - the 'sultan' - representing society and implementing the law. This tension and dynamic have created a very particular history for the law - in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practised in historical reality from the time of its formation till today. That is the main theme of the book. Knut S. Vikor aims in this book to introduce the development and practice of Islamic law to a wide readership: students, lawyers and the growing number of those interested in Islamic civilisation. He summarises the main concepts of Islamic jurisprudence, discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.Trade ReviewAn excellent introduction to Islamic law … It fulfils its aim of providing a rounded history of the subject, combined with studies of particular areas of the law (criminal law, family law, land and tax law) … a very important contribution to the field. -- Robert Gleave

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Book Synopsis‘Abd al-Rahman b. ‘Amr al-Awza‘i (c.707–774) was Umayyad Syria’s most influential jurist, part of a generation of scholars who began establishing the first formal structures for the preservation and dissemination of religious knowledge. Following the Abbasid revolution, they provided a point of stability in otherwise unstable times. Despite his close ties to the old regime, al-Awza‘i continued to participate in legal and theological matters in the Abbasid era. Although his immediate impact would prove short-lived, his influence on aspects of Islamic law, particularly the laws of war, endures to this day.Trade Review‘Despite the fragmentary evidence at his disposal, Judd has given us a nuanced and well-rounded portrait of the life and teaching of an important but largely neglected jurist and theologian of the formative period of Islamic legal thought.’ -- R. Stephen Humphreys, Professor Emeritus of History and Islamic Studies, University of California, Santa BarbaraTable of ContentsForeword Introduction Al-Awza‘i’s Biography 1 THE SOURCES 2 AL-AWZA‘I’S JURISPRUDENCE Law in the Formative Period of Islam Al-Awza‘i’s Fiqh Evaluating Al-Awza‘i as a Legal Scholar 3 AL-AWZA‘I’S SCHOLARLY MILIEU Pro-Umayyad Friends and Rivals The Hanafis: Al-Awza‘i’s Foes The Malikis 4 AL-AWZA‘I’S THEOLOGY Damascus as a Theological Center Al-Awza‘i’s Theological Views Al-Awza‘i and the Qadarites Conclusions: Al-Awza‘i’s Theology 5 AL-AWZA‘I AND THE POLITICAL ELITE Al-Awza‘i and the Umayyads Surviving the Fall of the Umayyads and the Abbasid Revolution Al-Awza‘i and the Abbasids Al-Awza‘i’s Post-Revolutionary Life Conclusion: Evaluating Al-Awza‘i as a Political Figure 6 AL-AWZA‘I’S LEGACY Al-Awza‘i’s Students Al-Awza‘i’s Regional Persistence Al-Awza‘i’s Legal Legacy Al-Awza‘i in Modern Times Conclusion Bibliography Index

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Book SynopsisThe classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.Table of ContentsIntroduction: the role of legal history in Muslim jurisprudence. Part 1 The genesis of Shari'a law: Qu'ranic legislation; legal practice in the 1st century of Islam; the early schools of law; Muhammed Ibn-Idris ash Shafi; concluding stages of growth. Part 2 Legal doctrine and practice in medieval Islam: the practical theory of law; unity and diversity of Shari'a law; sectarian legal systems in Islam; Islamic government and Shari'a law; Islamic society and Shari'a law. Part 3 Islamic law in modern times: foreign influences - the reception of European laws; administration of Shari'a law in contemporary Islam; Taqlid and legal reform; neo-Ijtihad. Conclusion: religious law and social progress in contemporary Islam.

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Book SynopsisTriple talaq, a controversial Muslim divorce practice, was declared unconstitutional by the Indian Supreme Court in the Shayara Bano case. Salman Khurshid, involved in the case, simplifies the issue and discusses its reasons, history, religious perspectives, and global comparisons.Table of ContentsIntroduction 1. HE SAID, SHE SAID, THEY SAID: ARGUMENTS BEFORE THE COURT 2. TRIPLE TALAQ: BAD IN THEOLOGY, GOOD IN LAW 3. INDIAN COURTS AND MUSLIM PERSONAL LAW 4. REFORMS IN ISLAMIC STATES 5. SUBMISSIONS BEFORE THE COURT 6. THE JUDGEMENT Epilogue Annexures

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Book SynopsisText and Interpretation examines the main characteristics of the legal thought of Imam Jaʿfar al-Ṣādiq, preeminent religious scholar jurist of Medina in the first half of the second century of the Muslim calendar. This book presents an intellectual history of how the Jaʿfarī school began and examines the scholar’s interpretive approach.Trade ReviewScholars of Islamic legal studies can only be grateful for the continued presence and energy of [Modarressi]…In a nonornate style, Modarressi provides an account of the life and views of the eponym of one of Islam’s longest traditions of legal reasoning, and of how his example served as a basis for a school of law that can claim 200 million followers today—in Islam’s fifteenth century. -- Ahmad Atif Ahmad * Journal of the American Oriental Society *Jaʿfar al-Ṣādiq is a key figure in the formation of Shīʿī law, Hossein Modarressi’s expertise in the field is legendary, and the book brings together a trove of information that is otherwise scattered in a plethora of arcane sources. -- Michael Cook, Princeton UniversityThis study constitutes an impressive and significant contribution to Islamic legal studies. It provides an unparalleled insight into the legal thought of the founder of the Jaʿfarī school, and can also serve as a reliable introduction to major aspects of Twelver Shīʿī law. The novelty of the approach, the wealth of information provided, the fine rendition of judiciously chosen texts, and the masterful elucidation and analysis of legal terms and concepts will all be of great value to students of the Islamic legal tradition. -- Etan Kohlberg, The Hebrew University of JerusalemThis book represents a lifetime’s research and thinking about the legal thought of Jaʿfar al-Ṣādiq, one of the most important figures in the history of the Shīʿī tradition. Most broadly, it is a major contribution toward a better understanding of the formative history of Shīʿism, on the one hand, and of Islamic law in its first centuries, on the other. It will be the standard work of reference on early Shīʿism for many years to come. -- M. Qasim Zaman, Princeton University

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Book SynopsisThe English version of the introduction to the historic fatwa on terrorism and suicide bombings. This 88-page includes answers to various questions which radicals ask about suicide bombing and jihad, hijacking of foreign diplomats and explains why it is not jihad.

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Book SynopsisTrade Review"Caliphate Redefined is a remarkable book because it is a complex and detailed work of intellectual history tied to a relatively simple and straightforward point."---Christopher Markiewicz, H-Net Reviews"An unquestionable masterful work of scholarship."---David Marx, davidmarxbookreviews"“Caliphate Redefined” will prove a useful resource for those interested in Ottoman history and in Islamic political theory."---Carool Kersten, Anthropos"This work is a product of very diligent research and scholarship. Full of insightful arguments, the study fills an important gap in the field and sets a framework for future researchers."---Hasan Karataş, Nazariyat

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Book SynopsisIn The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu''ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women''s rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian clash of civilizations thesis as well as the public rhetoric of fear of Muslim eTrade Reviewinvaluable ... Kamali makes a crucial set of observations about how moderate Islamic traditions go beyond just dealing tolerantly with other religions ... A culmination of his decades of scholarship on Islamic law and jurisprudence, this book should serve as an important reference for years to come. * I. Blumi, CHOICE *This scholarly book is a major addition to works that deal with 'moderate' Islam, still the Islam of the majority of Muslims, which is also traditional Islam. Drawing from a wide range of sources and many notable voices, Kamali presents an extensive range of issues from social justice to the environmental crisis, from spirituality to relation with other religions, all seen from the perspective of moderation or wasaIiyyah, which is the authentic Islamic perspective. Kamali is to be congratulated for writing a much needed work on normative and genuine Islam at a time when so many strident forces and voices, both the non-Islamic and nominally Islamic, are seeking to eclipse in the eyes of many the authentic image of the Islamic religion. * Seyyed Hossein Nasr, University Professor of Islamic Studies, The George Washington University *an essential addition to the body of knowledge after more than forty years of uninterrupted contribution to the study of Islamic studies. * Alhagi Manta Drammeh, The Islamic Quarterly *Table of ContentsForeword ; I. Introduction ; Part One: Conceptual Analysis ; II. Definition and Scope of Wasatiyyah ; III. Review of the Source Evidence ; IV. A Round-up of Modern Opinion ; V. Hallmarks of Extremism ; VI. Manifestations of Wasatiyyah ; VII. Identification of Wasatiyyah ; VIII. Institutional Developments ; Part Two: Thematic Perspectives ; IX. Moderation and Justice ; X. Moderation in Religiosity ; XI. The Moderating Role of Ikhtilaf (Reasoned Disagreement) ; XII. Between Spirituality and Legalism: The Moderating Influence of Sufism ; XIII. Harm (Darar) Must Be Eliminated ; XIV. Forbearance, Bringing Ease and Removing Hardship ; XV. Environmental Imbalance ; XVI. Financial Imbalance, Extravagance and Waste ; XVII. Moderation in Jihad ; XVIII. Character and Lifestyle ; XIX. Wasatiyyah and Women's Rights ; XX. Wasatiyyah and Globalisation ; XXI. Islam between Antiquity and the Modern World ; XXII. Continuity and Change: An Analysis of Tajdid and Islah (Renewal and Reform) in Islam ; XXIII. Conclusion and Recommendations ; Glossary ; Bibliography ; Index of Qur'anic Verses and Hadith ; General Index

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Book SynopsisThis book presents the first comprehensive survey of the multiple versions of Islam propagated across geographical, political, and cultural boundaries during the era of modern globalization. Showing how Islam was transformed through these globalizing transfers, it traces the origins, expansion and increasing diversification of Global Islam - from individual activists to organizations and then states - over the past 150 years. Historian Nile Green surveys not only the familiar venues of Islam in the Middle East and the West, but also Asia and Africa, explaining the doctrines of a wide variety of political and non-political versions of Islam across the spectrum from Salafism to Sufism. This Very Short Introduction will help readers to recognize and compare the various organizations competing to claim the authenticity and authority of representing the one true Islam.Trade ReviewThis is a mustread for those interested in the processes of globalization and the resulting Islams. * MONICA M. RINGER, Amherst College, Technology and Culture, Volume 63, Number 1 *The book is impeccably written and edited. * Philipp Reisner, Reading Religion *Table of ContentsPreface Introduction: What Is 'Global Islam'? Chapter 1: Islam in the Age of Empire, Steam and Print Chapter 2: Muslim Transnationalism between Socialism and Nationalism Chapter 3: From Islamic Revolutions to the Internet Conclusions Glossary Further reading

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Book SynopsisThis volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien Trade ReviewReview from previous edition Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *Baderin has achieved in this slim volume what many a scholar might not have accomplished in a much larger one. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *This sort of scholarship is particularly important for informing public policy in the present international environment. * European Journal of International Law *Baderin presents a masterful and thoroughly documented definition, exploration, and historical analysis of both 'human rights' and 'Islamic law'. * European Journal of International Law *Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *This is an ambitious book...the book boldly challenges the argument that the observance of international human rights law is impossible within an Islamic legal dispensation * Humanitäres Völkerrecht Informationsschriften *Table of ContentsDedication ; Acknowledgements ; Preface ; Contents ; Table of Cases ; Table of Treaties and Declarations ; Glossary ; 1. Introduction ; 2. Human Rights and Islamic Law ; 3. The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law ; 4. The International Covenant on Economic, Social and Cultural Rights (ICESCR) in the Light of Islamic Law ; 5. Conclusion ; Annexe: The Cairo Declaration on Human Rights in Islam ; Glossary ; Bibliography ; Index

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Book SynopsisNavigating a complex landscape between private and public domains, this book lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.Trade Review"Questioning Secularism is an important book. The discussions of the fatwa alone would warrant praise, but there is much more: the exploration of how the secular state produces its own ambiguities is very engaging; the idea that different fora might employ related sources of legitimacy is handled with considerable deftness; the argument that the fatwa is a different sort of journey than the court proceeding is pursued with great care and insight. The overall result, then, is a work one can get one's teeth into in the best sense of the word." (Lawrence Rosen, Princeton University)"

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Book SynopsisSusan Hirsch's observations of Islamic courts uncover how Muslim women actively use legal processes to transform their domestic lives. This achieves victories on some fronts, but also reinforces their image as subordinate to men through the speech they produce in court.Table of ContentsAcknowledgments Introduction 1: Legal Processes and the Discursive Construction of Gender 2: Representations of Swahili Society 3: Analyzing Talk about Trouble 4: The Discourses of Marital Disputing 5: Marital Disputing in Kadhi's Courts 6: Indexing Gender: Initial Courtroom Narratives 7: Constructing Audience: Interaction in Cases and Mediations 8: Portraying Gendered Speakers: Reported Conversations 9: Pronouncing and Persevering: Ideology and Metalinguistics in Disputes Conclusion App. A: Glossary App. B: Features of Transcription App. C: Case Summaries App. D: Kiswahili Texts Notes References Index

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Book SynopsisSusan Hirsch's observations of Islamic courts uncover how Muslim women actively use legal processes to transform their domestic lives. This achieves victories on some fronts, but also reinforces their image as subordinate to men through the speech they produce in court.

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Book SynopsisTrade Review“Slandering the Sacred offers a gripping voyeuristic account of the sinuous ways in which law’s religion and religion’s law together conspired in the racist and sentimental effort to regulate speech and affect in colonial India, particularly in the strange career of Thomas Macaulay.” -- Winnifred Fallers Sullivan, Indiana University“By rerouting the modern history of blasphemy through late colonial India, this elegant and imaginative book returns empire to the history of secularism as it centers India in the reconception of blasphemy as a secular crime. This richly textured history with many twists and turns is a must-read that cuts through the logjam of contemporary debates about religion and free speech.” -- Mrinalini Sinha, University of Michigan“In this discerning study, Scott recasts South Asia as a major crucible of key ideas about blasphemy that crystallized under British colonial rule. By linking blasphemy laws with secularization in the metropole and colony, he astutely shows that religious offense often obscured the residual violence in state and society. As Scott skillfully argues, law’s putative management of public feelings provided an alibi for solidifying colonialism’s grip on civil society, spilling over into the postcolonial state’s mediation of religious differences.” -- Gauri Viswanathan, Columbia University“Scott has written a book as witty as it is scholarly. Slandering the Sacred is an enthralling and colorful history of a law, a page-turner about a penal code: this is an impressive feat.". -- Katherine Lemons, McGill UniversityTable of Contents1 Introduction: Secularizing Blasphemy Part One: The Merry Prophet 2 A Crisis of the Public: The Rajpal Affair and Its Bodies 3 Secularism, High and Low: Making the Blasphemy Bill Part Two: Blasphemy’s Empire 4 Codifying Blasphemy: Religious Feelings between Colony and Metropole 5 Macaulay Unmanned, or, Tom Governs His Feelings 6 Libeling Religion: Secularism and the Intimacy of Insult Part Three: Polemics as Ethics 7 Printing Pain, Ruling Sentiment: A Brief History of Arya Insult 8 The Arya Penal Code: Law and the Practice of Documentary Religion 9 The Swami and the Prophet: Slandering Lives, Conducting Character 10 Conclusion: A Feeling for “Religion” Acknowledgments Notes Index

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Book SynopsisTrade Review“Slandering the Sacred offers a gripping voyeuristic account of the sinuous ways in which law’s religion and religion’s law together conspired in the racist and sentimental effort to regulate speech and affect in colonial India, particularly in the strange career of Thomas Macaulay.” -- Winnifred Fallers Sullivan, Indiana University“By rerouting the modern history of blasphemy through late colonial India, this elegant and imaginative book returns empire to the history of secularism as it centers India in the reconception of blasphemy as a secular crime. This richly textured history with many twists and turns is a must-read that cuts through the logjam of contemporary debates about religion and free speech.” -- Mrinalini Sinha, University of Michigan“In this discerning study, Scott recasts South Asia as a major crucible of key ideas about blasphemy that crystallized under British colonial rule. By linking blasphemy laws with secularization in the metropole and colony, he astutely shows that religious offense often obscured the residual violence in state and society. As Scott skillfully argues, law’s putative management of public feelings provided an alibi for solidifying colonialism’s grip on civil society, spilling over into the postcolonial state’s mediation of religious differences.” -- Gauri Viswanathan, Columbia University“Scott has written a book as witty as it is scholarly. Slandering the Sacred is an enthralling and colorful history of a law, a page-turner about a penal code: this is an impressive feat.". -- Katherine Lemons, McGill UniversityTable of Contents1 Introduction: Secularizing Blasphemy Part One: The Merry Prophet 2 A Crisis of the Public: The Rajpal Affair and Its Bodies 3 Secularism, High and Low: Making the Blasphemy Bill Part Two: Blasphemy’s Empire 4 Codifying Blasphemy: Religious Feelings between Colony and Metropole 5 Macaulay Unmanned, or, Tom Governs His Feelings 6 Libeling Religion: Secularism and the Intimacy of Insult Part Three: Polemics as Ethics 7 Printing Pain, Ruling Sentiment: A Brief History of Arya Insult 8 The Arya Penal Code: Law and the Practice of Documentary Religion 9 The Swami and the Prophet: Slandering Lives, Conducting Character 10 Conclusion: A Feeling for “Religion” Acknowledgments Notes Index

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Book SynopsisShari?a Scripts is a work of historical anthropology focused on Yemen in the early twentieth century. Brinkley Messick uses the writings of the Yemeni past to offer a comprehensive view of the shari?a as a localized and lived phenomenon in a groundbreaking examination of the interpretative range and insights offered by the anthropologist as reader.Trade ReviewThis book explores debates within an Islamic legal tradition about the status of writing and thus of recorded truth. This is an impressive piece of work that draws upon the author's four decades of thought and reading. No one else can move among these Yemeni texts with such assurance, and classic works such as those of Kitab al-Azhar, Sharh al-Azhar and Sayl al-Jarrar are read more closely than any Western academic has attempted previously. ?A formative and distinguished book. -- Paul Dresch, St John's College, OxfordTable of ContentsMap of Western YemenIntroductionPart I. Library1. Books2. Pre-text: Five Sciences3. Commentaries: “Write It Down”4. Opinions5. “Practice with Writing”Part II. Archive6. Intermission7. Judgments8. Minutes9. Moral Stipulations10. ContractsPostscriptNotesManuscripts and Archival MaterialsBibliographyIndex

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Book SynopsisSharīʿa Scripts is a work of historical anthropology focused on Yemen in the early twentieth century. Brinkley Messick uses the writings of the Yemeni past to offer a comprehensive view of the sharīʿa as a localized and lived phenomenon in a groundbreaking examination of the interpretative range and insights offered by the anthropologist as reader.Trade ReviewA detailed study of the production, transmission, and transformation of scriptural judicial knowledge among Yemeni scholars, judges, and other legal figures. -- Maurits S., Berger Leiden University * Journal of the American Oriental Society *Skillfully recovers the practice of Shari'a law in the highlands of prerevolutionary Yemen. * Choice *Turns on its head a long history of assumptions regarding categories that have largely remained unquestioned. * Reading Religion *A complex and sophisticated book, one that provides important insights into Islamic jurisprudence and legal practice and forces the reader to think carefully about how these might (or should) be understood and explored. * Islamic Law and Society *In this monumental work, Brinkley Messick presents a richly detailed explication of a ground-breaking approach to the study of the textual traditions of shari'a, combining nuanced ethnography of locally contextualized practices of writingand reading with a sharp critical engagement with the work of philologists and historians of Islamic law and society. * Journal of Islamic Studies *This book is an outstanding achievement that takes the historical and anthropological dimensions of shar¯ıʻa practice seriously * Journal of the Royal Anthropological Institute *Sharīʿa Scripts explores debates within an Islamic legal tradition about the status of writing and thus of recorded truth. This is an impressive piece of work that draws upon the author’s four decades of thought and reading. No one else can move among these Yemeni texts with such assurance, and classic works such as Kitāb al-azhār, Sharḥ al-azhār, and Sayl al-jarrār are read more closely than any Western academic has attempted previously. A formative and distinguished book. -- Paul Dresch, St John's College, OxfordMulticentury approaches of the sharīʿa have regrettably transformed law into a banal history of ideas without much connection to practice. Messick’s Sharīʿa Scripts instead takes the sharīʿa right from the economy of the local, that of central Yemen, and places research at a micro level. Historical anthropology makes possible the tracing of genealogical lines of power relations, and the depiction of narratives and discourses in relation to local practices. This book, which takes the logic of texts and their practices to new heights, stands out as a masterful contribution to sharīʿa studies worldwide. -- Zouhair Ghazzal, Loyola University, ChicagoWhat would be an anthropology of an Islamic juridical tradition? Anthropology aims to describe the whole as lived. Hence the ambition is larger than the historical genealogies or analytical interpretation of textual scholarship. This book examines both the structure of the jurisprudential ‘library,’ using the techniques of textual scholarship, and the ‘archive’ of day-to-day documentation of life in law, situating documents in the practices of writing and orality. Such an undertaking is virtually unique: the late survival of scriptural practice, the living interface of Zaydī and Shāfiʿī traditions, and the political centrality of Islamic jurisprudence made never-colonized highland Yemen of the mid-twentieth century a unique site for such an anthropology. The result is a mature work that quietly destroys clichés ever reproduced not only by journalism (and political revivalist movements) but also by textual scholarship. There cannot be another like it. -- Martha Mundy, London School of EconomicsSharīʿa Scripts is a work of tremendous erudition and imagination that provides a veritable roadmap for a new anthropology of Islamic law. It is bound to become required reading for scholars, students and the general public interested in understanding the inner workings of legal praxis in an authentic Muslim society. * Cahiers de'etudes africaines *Table of ContentsMap of Western YemenIntroductionPart I. Library1. Books2. Pre-text: Five Sciences3. Commentaries: “Write It Down”4. Opinions5. “Practice with Writing”Part II. Archive6. Intermission7. Judgments8. Minutes9. Moral Stipulations10. ContractsPostscriptNotesManuscripts and Archival MaterialsBibliographyIndex

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Book SynopsisTable of ContentsAcknowledgementsA Note on TransliterationContributors1. Sharia Law and the Quest for a Modern Muslim Ethics. Robert W. HefnerSection 1: Sharia Pluralities2. Sharia and the Rule of Law. Anver M. Enom3. Moral Contestations and Patriarchal Ethics: Women Challenging the Justice of Muslim Family Laws. Ziba Mir-Hosseini4. Gender, Legality, and Public Ethics in Morocco. Zakia SalimeSection 2: Islamic Law and the State5. Constitutionalizing a Democratic Muslim State without Sharia: The Religious Establishment in the Tunisian 2014 Constitution. Malika Zeghal6. Transformations in Muslim Views about "Forbidding Wrong": The Rise and Fall of Islamist Litigation in Egypt. Clark B. Lombardi and Connie J. Cannon7. Sharia, Islamic Ethics, and Democracy: The Crisis of the "Turkish Model." Ahmet T. Kuru8. Islamic Modernism, Ethics, and Sharia in Pakistan. Muhammad Qasim ZamanSection 3: New Ethical Imbrications9. "Sharia" as a Moving Target? The Reconfiguration of Regional and National Fields of Muslim Debate in Mali. Dorothea E. Schulz10. Syariah, Inc.: Continuities, Transformations, and Cultural Politics in Malaysia's Islamic Judiciary. Michael G. Peletz11. Islamic Ethics and Muslim Feminism in Indonesia. Robert W. Hefner

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Book SynopsisMany Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of sharia law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewTable of ContentsAcknowledgementsA Note on TransliterationContributors1. Sharia Law and the Quest for a Modern Muslim Ethics. Robert W. HefnerSection 1: Sharia Pluralities2. Sharia and the Rule of Law. Anver M. Enom3. Moral Contestations and Patriarchal Ethics: Women Challenging the Justice of Muslim Family Laws. Ziba Mir-Hosseini4. Gender, Legality, and Public Ethics in Morocco. Zakia SalimeSection 2: Islamic Law and the State5. Constitutionalizing a Democratic Muslim State without Sharia: The Religious Establishment in the Tunisian 2014 Constitution. Malika Zeghal6. Transformations in Muslim Views about "Forbidding Wrong": The Rise and Fall of Islamist Litigation in Egypt. Clark B. Lombardi and Connie J. Cannon7. Sharia, Islamic Ethics, and Democracy: The Crisis of the "Turkish Model." Ahmet T. Kuru8. Islamic Modernism, Ethics, and Sharia in Pakistan. Muhammad Qasim ZamanSection 3: New Ethical Imbrications9. "Sharia" as a Moving Target? The Reconfiguration of Regional and National Fields of Muslim Debate in Mali. Dorothea E. Schulz10. Syariah, Inc.: Continuities, Transformations, and Cultural Politics in Malaysia's Islamic Judiciary. Michael G. Peletz11. Islamic Ethics and Muslim Feminism in Indonesia. Robert W. Hefner

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Book SynopsisTrade Review"This book consists of eleven chapters that delineate basic information about several dimensions of Islamic law while simultaneously shedding light on some theological issues in the contemporary Muslim world with special reference to the future of Islamic law. . . This is one of the few books written on Islamic law to cover the key topics in the area as well as describe the relationship between the original theoris of Islamic law and the opinions of contemporary Islamic scholars. . . . Dien [also] provides a concise introduction to the topic and access to the complexity of the Islamic legal system. . . ." —Sixteenth Century Journal“ [T]his book . . . presents a scholarly approach to both the history and contemporary development of Islamic law.” —Catholic Library World"This work has a neat, lucid structure and, as such, will constitute a valuable aid to the study of a very complex subject . . . [This] book will be essential reading and I would certainly recommend it to both my undergraduates and postgraduates." —Professor Ian R. Netton, University of Leeds"Mawil Izzi Dien has written a fine and well-researched book that is an excellent introduction to Sunni Islamic law, its terminology, and concepts, for those with some understanding of Islam. . . . This book will give anyone interested in pursuing any aspect of the law ample references with which to begin and ample reason to go back and reread many passages." —Cistercian Studies Quarterly“Mawil Izzi Dien combines Western and Islamic views and describes the relationship between the original theories of Islamic law and the views of contemporary Islamic writers.” —Theology Digest

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Book SynopsisIn February 2018, the Independent Review on Sharia Law in England and Wales' was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women's activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate outside the sphere of law and legal relations' but also in conjunction with state law mechanisms and processes. This cutting-edgTable of ContentsIntroduction Samia Bano 1. Religious-only Marriages in England and Wales: Taking the Long View Rebecca Probert 2. Women and Shari’a Law: The Impact of Soft Legal Pluralism in the UK Elham Manea 3. Sharia Councils in the UK: Reform and Regulation Dr Islam Uddin 4. Domestic Abuse: The Dichotomy of Choosing Between Informal and Formal Forum for Mediation, Arbitration and Justice Naheed Ghauri 5. Sharia Councils and Muslim Family Law: Analysing the Parity Governance Model, the Sharia Inquiry and the role of the state/ law relations Samia Bano. Index

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Book SynopsisDispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leadinTable of Contents1. In search of an effective dispute resolution mechanism in Islamic finance Adnan Trakic, John Benson, and Pervaiz K Ahmed 2. Choice of law in Islamic finance Julio C. Colón 3. Prevailing dispute resolution mechanisms in Islamic finance Siti Faridah Abdul Jabbar, Suzana Muhamad Said and Asma Hakimah Ab Halim 4. Islamic dispute resolution in the United Kingdom Maria Bhatti 5. Settlement of Islamic finance disputes in the United States of America Julio C. Colón 6. Settlement of Islamic finance disputes in Malaysia Adnan Trakic 7. Settlement of Islamic finance disputes in the Kingdom of Saudi Arabia Aishath Muneeza and Zakariya Mustapha 8. Settlement of Islamic finance disputes in the United Arab Emirates Nor Razinah Binti Mohd Zain and Rusni Hassan 9. Dispute resolution in Islamic finance: the way forward John Benson, Adnan Trakic and Pervaiz K Ahmed

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Book SynopsisMoral rationalism and Shari’a is the first attempt at outlining the scope for a theological reading of Sharī 'a, based on a critical examination of why the 'Adliyya theological ethics hasn’t significantly impacted Shī'ī readings of Shari’a and how these resources may come to do so. Table of ContentsIntroduction 1 Reason as a source of Sharī 'a in Shī 'ī usūl al-fiqh 2 The intelligibility of moral values in Shī 'ī theological thought 3 The nature of morality, rationality and independent judgments of rational morality in modern Shī 'ī usūl al-fiqh 4 The nature of morality, rationality and independent judgments of rational morality in modern Shī 'ī usūl al-fiqh 5 Reassessing the obstacles to independent judgments of rational morality impacting the reading of Sharī 'a

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Book SynopsisThis book examines the cultural origins of Islamic law. Some authorities stress the importance of the contribution of Roman law; others that of Arabian law. Most are agreed that Jewish law contributed, but not explained further. Dr Crone tests the Roman hypothesis with reference to one institution, the patronate, which does indeed appear to owe something to Roman law. He concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces, and that provincial law would repay further consideration by legal historians.Table of ContentsPreface; 1. The state of the field; 2. A practical guide to the study of Islamic law; 3. The Islamic patronate; 4. The case against Arabia; 5. The case against the non-Roman Near East: paramone; 6. The case for the Roman Near East; 7. Conclusion; Appendices; Notes; Index.

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Book SynopsisThis study of the historical record of property rights and equity of Muslim women is based on Islamic court documents of 15th-century Granada. The book examines women's legal entitlements to acquire property, and the social and economic significance of these rights to Granada's female population andby extensionto women in other Islamic societies.Trade ReviewDespite its subtitle, Maya Shatzmiller’s book reaches far beyond the territorial and chronological confines of 15th-century Granada. Her focus is not so much on Granada itself as on using the example of this region as an entry point for examination of the broader topic of women’s property rights in the pre-modern Islamic world and beyond… There is much to be contemplated here. -- Olivia Remie Constable * Islamic Law and Society *

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Book SynopsisLeaving Iberia examines Islamic legal responses to Muslims living under Christian rule in medieval and early modern Iberia and North Africa, links the juristic discourses on conquered Muslims on both sides of the Mediterranean, and adds a significant chapter to the story of Christian–Muslim relations in the medieval Mediterranean.Trade ReviewThis book masterfully demonstrates that the histories of Iberian-born Muslims, Moriscos, and Muslims living under Christian rule in the Maghreb can benefit from being studied together…Particularly relevant reading to those interested in colonial contexts and resistance to colonial powers. -- Ana Struillou * Journal of Early Modern History *A tour-de-force…[this book] is a magnificent scholarly achievement that will shift the historiographical parameters for studying the Mālikī West…Whether or not historians fully accept all of Hendrickson’s contentions, they are likely to become the new bar against which scholars will measure their research in the future. -- Ari Schriber * Islamic Law and Society *A work of impressive scope…Hendrickson’s research is rigorous and her analysis is incisive…[the author] has produced a book of critical importance to the study of Islamic law and Iberian, North African, and West African history and which contributes meaningfully to interreligious studies and the history of Christian-Muslim relations. -- Ariela Marcus-Sells * Journal of the American Academy of Religion *[Brings] together an unprecedented range of sources, some of them previously unpublished and unstudied, offering a meticulous, deeply informed reinterpretation of those sources that have been most scrutinized. The masterful result should now be considered a first port of call for anyone dealing with these materials…a powerful picture of Islamic law as purposeful yet subject to the vicissitudes of history, creative yet constrained by the expectations and structures of genre, legally cogent yet animated by extra-legal concerns — in short, as deeply human. -- Caitlyn Olson * Al-Qantara *Gets us to consider medieval Spain and Portugal as part of African history, rather than seeing Muslim rule of the Iberian Peninsula as a historically unusual and unique event unrelated to anything else…a rare find…[this book is] an intellectual treat layered with depth and breadth, and should become a go-to text for the study of Islamic law and historical Muslim responses to global events. -- Usman Butt * Middle East Monitor *

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Book SynopsisThe Muslim Brotherhood has achieved a level of influence nearly unimaginable before the Arab Spring. The Brotherhood was the resounding victor in Egypt's 2011-2012 parliamentary elections, and six months later, a leader of the group was elected president. Yet the implications of the Brotherhood's rising power for the future of democratic governanceTrade ReviewHonorable Mention for the 2015 Hubert Morken Award for Best Book, Religion and Politics Section of the American Political Science Association One of Choice's Outstanding Academic Titles for 2014 One of The Middle East Channel's Top Five Books of 2013, chosen by Marc Lynch "The Muslim Brotherhood has been pushed out of power in Egypt and Carrie Rosefsky Wickham ... might appear to be publishing just too late. In fact, her book still matters."--Gerard Russell, Times Literary Supplement "[F]ine-grained, historically rich analysis."--Charles Tripp, London Review of Books "This timely publication emerges from Emory University political scientist Wickham's (Mobilizing Islam) long-term research into the institutional and ideological nuances of 'movement changes' within the Muslim Brotherhood--the Sunni revivalist organization that was the leading opponent of the Mubarak regime in Egypt before the popular uprising of January 2011... This admirable study (based on hundreds of interviews) is a judicious, well-grounded plea for complexity in the depiction and analysis of Islamist movements."--Publishers Weekly "[F]ascinating and marvelously detailed... The Muslim Brotherhood offers one of the best and most detailed presentations of a robust school of thought among students of Islamism... [I]t is likely to become a standard text and will be received as a major summary statement of decades of research and analysis."--Marc Lynch, Democracy: A Journal of Ideas "In this richly researched book, Wickham provides the most in-depth analysis of the genesis and development of Egypt's Muslim Brotherhood available in English... This valuable contribution to the literature on mainstream Islamist movements will be useful to scholars and policymakers alike."--Library Journal "[A] clearly written and balanced account of the Brotherhood from its modest beginnings to its coming to power."--Michael Burleigh, Literary Review "[A] commanding study of the Brotherhood's long history."--Frederick Deknatel, National "[An] excellent new history of the Muslim Brotherhood."--Christopher de Bellaigue, Guardian "[O]utstanding... The Muslim Brotherhood is an essential guide to understanding the historical background of the political crisis in Egypt today."--Joseph Richard Preville, Muscat Daily "Given Egypt's crucial position as the Arab world's most populous nation, it is especially welcome that Emory University's Carrie Rosefsky Wickham, has written The Muslim Brotherhood, an accessible and informative analysis of one of the most important and perhaps most misunderstood political organizations in the Middle East... Wickham's book provides a fascinating historical account of the Muslim Brotherhood and its development over the decades."--Matthew Feeney, American Conservative "Wickham's thoughtful presentation of the Muslim Brotherhood as both a significant historical player and a responsive ideological organization may serve to deepen our understanding of current upheavals in the Arab world. Fascinating, revealing, and impressive in scope, Wickham's book stands to make important contributions to contemporary studies of the Middle East."--Michelle Anne Schingler, Foreword "[The Muslim Brotherhood] is a careful analysis that is meticulous in questioning the data from a position of critical reflection, demonstrating many years of research and experience and a genuine understanding of the region and its complexities by not taking simple statements at face value... The extent to which analysis of this kind can derive valid causal inferences from observed data hinges on the contextual knowledge of the researcher, and it is here that this work truly excels... The Muslim Brotherhood: Evolution of an Islamist Movement is not just a timely new book on a topic of public interest but a fine example of academic research."--Christina Hellmich, Times Higher Education "[W]hatever transpires the Muslim Brotherhood will be key players, whether in government or on the street, and this excellent work of historical analysis will be essential reading for all those who want a grounded and informed understanding of events."--Dr. Charles H. Middleburgh, Middleburgh Blog "Highlighting elements of movement continuity and change, and demonstrating that shifts in Islamist worldviews, goals, and strategies are not the result of a single strand of cause and effect, Wickham provides a systematic, fine-grained account of Islamist group evolution in Egypt and the wider Arab world."--World Book Industry "The Muslim Brotherhood is an excellent place to start the quest to understand the Brotherhood and their central role in recent events. Wickham's finely tuned analysis takes us only to the election of Mohamed Morsi on June 30, 2012. Yet, rather than date her study, the cascade of events that followed has only served to heighten its value."--Raymond William Baker, Middle East Journal "Carrie Wickham brings years of thoughtful research, experience in the field, and careful reflection to her new book on the Muslim Brotherhood. The book, which is meticulously detailed and superbly sourced, is a pleasure to read and advances robust theoretical and empirical claims... Wickham's book is a masterful telling of the trajectory of the contemporary Egyptian Muslim Brothers."--Joshua Stacher, International Journal of Middle East Studies "[The Muslim Brotherhood] provides a nuanced and rich analysis of the transformation of the Brotherhood from its inception in the 1920s until its rise to power in 2011-12... This book is a must read not only for students of Egypt and the Muslim Brotherhood but also for all those interested in the evolution of social and political movements in the Middle East and beyond."--Choice "Wickham's work is a valuable introduction to the Muslim Brotherhood and Islamist movements in the Arab world. It is timely and relevant and promises to advance a much-needed discussion of the complexity of Islamist movements and their political endeavours."--Dalal Daoud, International Journal "Wickham's book provides a solid guide to the Muslim Brotherhood."--Wolfgang G. Schwanitz, Middle East Quarterly "Carrie Rosefsky Wickham has authored a singularly important work for those especially interested in learning how religiously representative Egyptians think about their lives and the way forward. The author is commended for her labor and diligence and notably for her exploration of the mindset that has captured the fascination of people the world over."--Lawrence Ziring, Review of PoliticsTable of ContentsPreface ix Acknowledgments xiii Note on Transliteration xvii Chapter One Conceptualizing Islamist Movement Change 1 Chapter Two The Brotherhood's Early Years 20 Chapter Three The Brotherhood's Foray into Electoral Politics 46 Chapter Four The Wasat Party Initiative and the Brotherhood's Response 76 Chapter Five The Brotherhood's Seesaw between Self-Assertion and Self-Restraint 96 Chapter Six Repression and Retrenchment 120 Chapter Seven The Brotherhood and the Egyptian Uprising 154 Chapter Eight Egypt's Islamist Movement in Comparative Perspective 196 Chapter Nine The Muslim Brotherhood in (Egypt's) Transition 247 Notes 289 List of Interviews 327 Selected Bibliography 331 Index 347

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Book SynopsisTrade Review"Caliphate Redefined is a remarkable book because it is a complex and detailed work of intellectual history tied to a relatively simple and straightforward point."---Christopher Markiewicz, H-Net Reviews"An unquestionable masterful work of scholarship."---David Marx, davidmarxbookreviews"“Caliphate Redefined” will prove a useful resource for those interested in Ottoman history and in Islamic political theory."---Carool Kersten, Anthropos"This work is a product of very diligent research and scholarship. Full of insightful arguments, the study fills an important gap in the field and sets a framework for future researchers."---Hasan Karataş, Nazariyat

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Book SynopsisThis survey of Islamic Law combines Western and Islamic views and describes the relationship between the original theories of Islamic law and the views of contemporary Islamic writers.Trade ReviewHas a neat, lucid structure and, as such, will constitute a valuable aid to the study of a very complex subject!(this) book will be essential reading and I would certainly recommend it to both my undergraduates and postgraduates. -- Professor I. R. Netton, University of Leeds Has a neat, lucid structure and, as such, will constitute a valuable aid to the study of a very complex subject!(this) book will be essential reading and I would certainly recommend it to both my undergraduates and postgraduates.Table of ContentsPart One: The Law; 1. History and Introduction; 2. The Sources; 3. The Formation of Islamic Law; Part Two: The Legal Mechanisms; 4. Introduction to Usul al-fiqh; 5. Public Interest in Maslaha; 6. The Rules Qawa'id; Part Three: Islamic Law in a Contemporary Context; 7. The Contemporary Legal Authority; 8. Contemporary Problems and Fatawas; Conclusions; Glossary; Analytical Indices.

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Book SynopsisThis book gives voice to some of the unheard scholars studying law and ethics within Muslim societies; featuring 200 abstracts in 3 languages, it gives access to information about scholarly publications from Muslim contexts in law and Sharia.Table of ContentsThis volume is divided into three sections, by language (English, Turkish and Arabic); each section contains an Introduction followed by the Abstracts.

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Book SynopsisAn in-depth and insightful study of Shari''ah governance from a theoretical and practical perspectivesTopics covered* The theory behind corporate and Shari''ah governance* The regulatory framework for Shari''ah governance* Shari''ah governance approaches* The Shari''ah Board''s role and how it retains its independence, transparency and competence* The operational procedures of Shari''ah governance* The effectiveness of the Shari''ah Board and how it could be improvedShari''ah governance has a profound influence on the day-to-day practice of Islamic Financial Institutions (IFIs). Each jurisdiction has adopted a different approach to developing a governance framework. This book reviews these pluralistic approaches and identifies best practice. With examples, case studies and practical discussions based on IFIs in:* Malaysia* Bahrain* UAE* Qatar* Kuwait * Saudi Arabia* The UK

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Book SynopsisExamines the usefulness, challenges and limits of ijtihad for Muslims. This title explores the limits and controversies of this development in the context of the diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents including Europe and North America.

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Book SynopsisConsuming Desires examines new forms of marriage emerging in Egypt and the United Arab Emirates in reaction, in part, to the governments' increasing attempts to control sexuality with shari'a law.Trade Review"[Hasso] provides a much welcome analysis on unregistered marriage and presents a distinctive contribution to the study of the intersection between kinship and state within this region."—Sarah Walker, Journal of the Royal Anthropological Institute"Hasso brings much-needed critical attention to the topic of secret marriage in the Middle East and North Africa. From the trend of focusing on male unruliness to the emerging idea that women may be choosing not to marry because they are not willing to compromise or put up with domination, this work delivers a number of novel arguments on a topic of intense interest and anxiety. An extremely original and striking book!"—Lila Abu-Lughod, Columbia University"The personal is political everywhere, but nowhere more profoundly than in Arab societies undergoing rapid social change. Hasso's account of the ways in which marriage and intimacy intersect with state policy and legal systems in Egypt and the UAE is timely, important, and insightful. Hasso rightly analyzes the challenges and difficulties but also reports on real gains."—Craig Calhoun, University Professor of the Social Sciences at New York University, President of the Social Science Research Council

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Book SynopsisAl-Qadi al-Nu 'Man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This book focuses on Islamic legal theory, which presents a legal model in support of the Fatimids' principle of legitimate rule over the Islamic community.Trade Review[Disagreements of the Jurists] is very important for students of jurisprudence and for reconstructing fiqh's development. * The American Journal of Islamic Social Sciences *This book will be useful especially to those who are interested in the history of law andthe history of the Fatimids. * Speculum *

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Book SynopsisThis 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. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general.Trade ReviewAn excellent introduction to the most significant institutions, procedures and substantive areas of Islamic law, and to selected problems in applying that law. --Mark D. Welton, Middle East JournalTable of ContentsContents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

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Book SynopsisMany contemporary Muslim family laws rest on patriarchal concepts. The time for change is now.The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness anTrade Review‘This exciting collection of essays by an impressive array of experts takes Musawah’s mission from the critique of injustice and patriarchy in Muslim marriages and family laws to the building of a vision that yearns and works for divinely inspired justice and beauty in Muslim families and communities. The book is bold, radical, and groundbreaking. It will be an indispensable tool for Muslim activists the world over.’ -- Juliane Hammer, Associate Professor, Department of Religious Studies, University of North Carolina, Chapel Hill‘Justice and Beauty in Muslim Marriage addresses the ethical emptiness and lack of poetic sensibility in the patriarchal discourse on women’s rights… The findings of the book, that Muslim marriage laws and normativity are not in line with contemporary understandings of justice, promise a hermeneutic shift towards egalitarian legislation and pluralist normativity.’ -- Muhammad Khalid Masud, former Chairman, Council of Islamic Ideology, Pakistan, and former Academic Director, International Institute for the Study of Islam in the Modern World, Leiden University‘Teeming with provocative and restorative ideas, this book reframes the practice of marriage as it is lived in all its complexities. Drawing on tradition and experience, marriage now becomes a wholesome way of self-fulfillment as expressed by these courageous authors. It is a very timely intervention and much needed. A must-read.’ -- Ebrahim Moosa, Mirza Family Chair of Islamic Thought and Muslim Societies, University of Notre Dame

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Book SynopsisThe most comprehensive examination to date of the claim that Islam, as a system of scripture, law and spirituality, is antiblackIt is commonly claimed that Islam is antiblack, even inherently bent on enslaving Black Africans. Western and African critics alike have contended that antiblack racism is in the faith’s very scriptural foundations and its traditions of law, spirituality, and theology. But what is the basis for this accusation? Bestselling scholar Jonathan A.C. Brown examines Islamic scripture, law, Sufism, and history to comprehensively interrogate this claim and determine how and why it emerged. Locating its origins in conservative politics, modern Afrocentrism, and the old trope of Barbary enslavement, he explains how antiblackness arose in the Islamic world and became entangled with normative tradition. From the imagery of ‘blackened faces’ in the Quran to Shariah assessments of Black women as ‘undesirable’ and the asserTrade Review‘[A] meticulous apologetic… Brown’s nuanced analysis highlights more egalitarian strands of the faith as well, suggesting that the Quran promotes the equality of all humans before God… Brown’s extensive scholarship on Muslim theological and legal thinkers is remarkable… Deeply researched and carefully reasoned, this is sure to spark spirited debate.’ * Publishers Weekly *‘The question Brown seeks to answer is simple, “Is Islam antiblack?” His path to an answer, however, is a complex, meandering one through many historic, cultural, social, political and religious vistas. The result is a sensitive and nuanced distinguishing between lived reality and scriptural ideal… This engaging volume will prove to be a seminal work in this area of inquiry.’ -- Imam Zaid Shakir, Professor Emeritus, Zaytuna College‘A phenomenal book on race and antiblackness in the Islamic tradition. Dr. Brown builds on the long scholarly tradition of documenting the achievements of Black African Muslims in history and skillfully addresses accusations that Islam is an antiblack religion.’ -- Habeeb Akande, author of Illuminating the Darkness‘Written with awe-inspiring insight, erudition, and elegance, what I find most refreshing about this book is its unfailing honesty and bravery. Jonathan Brown’s treatment of this historically elusive topic is highly nuanced but eminently readable, and, at times, uncomfortably honest. Without a doubt, this is the most authoritative study written to date on the topic of Islam and Blackness.’ -- Khaled Abou El Fadl, Omar and Azmeralda Alfi Distinguished Professor of Law, UCLA School of Law‘As expansive in scope as it is accessible, this daring book invites readers to join a highly relevant and hotly contested conversation. Brown asks incisive questions and follows them with erudite, creative, and sometimes provocative answers. Bound to spark debate, Islam & Blackness is invaluable for anyone seeking to understand both premodern conceptions of race and current realities of antiblack racism in a global context.’ -- Elizabeth Urban, Associate Professor of Islamic History, West Chester University

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Book SynopsisThe eclectic essays of lauded Harvard professor Roy Mottahedeh Trade Review‘Few can claim to have produced a wealth of scholarship and achieved mastery over Middle Eastern history, but Roy Mottahedeh's insatiable curiosity for the past has left us with a treasure trove of works. Reading essays that he has written over the past fifty years and collected together in his new book, you get a sense of the past whispering to you in more ways than one… a pleasure to read… In the Shadow of the Prophet offers a wide range of thought-provoking and intellectually stimulating engagement with Middle Eastern, Iranian and Islamic history. It provides anyone who has a passion for history with new horizons to explore and a renewed sense of purpose.’ -- Middle East Monitor‘The fruit of decades of travel, teaching, research, and deep personal engagement with modern Iran and the Middle East, these articles are as humane as they are learned, and as wise as they are trenchant.’ -- Peter Brown, Philip and Beulah Rollins Professor of History, Emeritus, Princeton University‘The erudite elegance of his discourse in this remarkable collection is the result of a long, prolific life dedicated to unraveling the mysteries of the many Islams in history.’ -- Abbas Milani, Hamid and Christina Moghadam Director of Iranian Studies, Stanford University‘This book demonstrates its author’s impressive breadth and insight dealing with diverse aspects of premodern and modern Islamic history, religion, and culture. Roy Mottahedeh shows us the complexity of a civilizational experience over a millennium and highlights the place of Iranians in it. This is a timely contribution at a time when misperceptions abound. His delightful autobiography adds to the book’s appeal.’ -- Abbas Amanat, William Graham Sumner Professor of History Emeritus, Yale University

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Book SynopsisThe revised tenth edition of this core textbook provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the worldâs countries - each representative of a different type of legal system. England, France, Japan, South Africa, Russia, and China are all covered in detail, and an additional chapter on Islamic law uses three example nations to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Neatly organized with a parallel structure throughout the text, each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues.A new feature of this text focuses on the nature of the political world order and the significant clash between some democratic and authoritarian governments. Of particular concern are those authoritarian governments that have seen the rise of what has been popularly referred to as the strongman leader. The countries covered in this text have seen the emergence of four such strongmen. While the rise of each occurred in different contexts, they were each facilitated in significant ways by the manner in which they asserted their control over the countryâs criminal justice system.This book is suitable for undergraduate and graduate students in criminal justice, prelaw, and similar programs. A comprehensive test bank is available online.Trade Review"This book is a dynamic and well-established textbook from a giant contributor to the comparative criminal justice research and education field."Max Lowenstein, Bournemouth University"I find a country-based case study approach to be very helpful in teaching my Comparative Legal Systems course. There is really no other book on the market that offers this kind of approach" Donald C. Williams, Western New England University"I have used all the editions (1–9) of this book. I was first attracted to it by the introduction (which is unlike any other comparative CJ book), and the detailed discussion of each of the selected countries."Joseph Appiahene-Gyamfi, University of Texas Rio Grande ValleyTable of ContentsIntroduction England France Japan South Africa Russia China Islamic Law

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Book SynopsisLegal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shariâa, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shariâa at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens.This book was published as a special issue of Democracy and Security.

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Book SynopsisThe Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. IdrÄs al-ShÄfi'Ä (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-ShÄfi'Ä's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-ShÄfi'Ä's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.Trade Review'It is very well-written, draws on an impressive array of Arabic texts, and is the best available guide to al-Shafiʿi's legal-theoretical writings, in large part because it engages the arguments expressed in both the Risāla and the Umm. In short, it is essential reading for all students and scholars of Islamic law.' Scott. C. Lucas, Bulletin of the School of Oriental and African Studies'Ahmed El Shamsy has given us a ground-breaking picture of the third/ninth-century development of Shāfiʿī legal scholarship.' David R. Vishanoff, Islam and Christian–Muslim RelationsTable of Contents1. Tradition under siege; 2. Debates on Hadith and consensus; 3. From local community to universal canon; 4. Status, power, and social upheaval; 5. Scholarship between persecution and patronage; 6. Authorship, transmission, and intertextuality; 7. A community of interpretation; 8. Canonization beyond the Shafi'i school.

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