Systems of law: Islamic law Books

Book SynopsisIn 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.Table of ContentsIn Memoriam Aharon Layish (1933-2022), Ron Shaham and David S. Powers Acknowledgments Note from the Publisher Introduction Part 1 Interplay between Sharīʿa and Tribal Law 1. Customary khulʿ as reflected in the sijill of the Libyan Sharīʿa courts 2. Interplay between Tribal and Sharʿī Law: A Case of Tibbāwī Blood Money in the Sharīʿa Court of Kufra 3. Shahādat naql in the Judicial Practice in Modern Libya 4. Islamization of custom as reflected in awards of tribal arbitrators in the Judaean desert 5. The Qāḍī’s Role in the Islamization of Sedentary Tribal Society 6. Dār ʿadl – Symbiosis of Custom and Sharīʿa in a Tribal Society in Process of Sedentarization 7. The fatwā as an instrument of the Islamization of a tribal society in process of sedentarization Part 2 Legal Methodologies in Sudan 8. The Sudanese Mahdī’s Legal Methodology and its Ṣūfī Inspiration 9. The Legal Methodology of the Mahdi in the Sudan, 1881-1885: Issues in Marriage and Divorce 10. Ḥasan al-Turābī (1932– ) Part 3 Modern Trends in Islamic Law 11. The Transformation of the Sharīʿa from Jurists’ Law to Statutory Law in the Contemporary Muslim World 12. Islamic Law in the Modern World: Nationalization, lslamization, Reinstatement Part 4 Waqf, Testamentary Waqf and Bequests 13. Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive 14. Waqfs and Ṣūfī Monasteries in the Ottoman Policy of Colonization: Sulṭān Selīm I’s Waqf of 1516 in favour of Dayr al-Asad 15. The Mālikī Family Waqf according to Wills and Waqfiyyāt 16. The Family Waqf and the Sharʿī Law of Succession in Modern Times 17. Bequests as an Instrument for accommodating Inheritance Rules: Israel as a Case Study 18. The Muslim Waqf in Israel Part 5 Islamic Law in a Non-Muslim State 19. The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet 20. Adaptation of a Jurists’ Law to Modern Times in an Alien Environment: The Case of the Sharīʿa in Israel Index

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Book SynopsisIn Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjīḥ) by which one opinion is chosen as the binding precedent (taqlīd). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.Table of ContentsCO N T E N T S Introduction 1 Chapter 1 Authors 23 A The compendium author: Qudūrī . . . . . . . . . . . . . . 24 B The commentator: Ibn Quṭlūbughā . . . . . . . . . . . . . 37 Chapter 2 History 51 A Ibn Quṭlūbughā’s sources . . . . . . . . . . . . . . . . . . 51 B Periodisation . . . . . . . . . . . . . . . . . . . . . . . . . 53 Period 1: Foundational ‘Ḥanafī’ opinions (ca. 150–200) . . . 57 Period 2: Formative transmission (ca. 200–300) . . . . . . 58 Period 3: Classical consolidation (ca. 300–400) . . . . . . 60 Period 4: Tarjīḥ (ca. 400–650) . . . . . . . . . . . . . . . . 63 Period 5: Taṣḥīḥ (ca. 650–870) . . . . . . . . . . . . . . . . 79 Who are the ‘latter-day jurists’ (al-muta’akhkhirūn)? . . . . 87 C Historical geographical patterns . . . . . . . . . . . . . . . 90 D Periodisation and the typologies of jurists (ṭabaqāt al-fuqahā’) 96 Chapter 3 Theory 105 A Ibn Quṭlūbughā’s introduction to al-Taṣḥīḥ wa-al-tarjīḥ . . 108 B Analysis of the topics . . . . . . . . . . . . . . . . . . . . . 118 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . 118 2 The procedures of rule-determinacy . . . . . . . . . . 125 3 Judicial discretion . . . . . . . . . . . . . . . . . . . . 134 C Arguments for binding precedent . . . . . . . . . . . . . . 137 1 The ethico-religious argument . . . . . . . . . . . . . 138 2 The argument from legal-system consistency . . . . . 139 3 The argument from legal-system coherence . . . . . . 143 4 The argument from strengthened decision-making . . 145 5 The argument from predictability . . . . . . . . . . . 145 viii CO N T E N T S 6 The argument from historical determinism . . . . . . 146 D Historical developments . . . . . . . . . . . . . . . . . . . 149 1 Target audiences: muftis and muftis . . . . . . . . . . 149 2 Rule-determination (tarjīḥ) vs. rule-review (taṣḥīḥ) . . 150 3 From monist to pluralistic legal systems . . . . . . . . 153 4 Madhhab-law: tradition, system, concurrent jurisdictions 154 E The (lack of) definition of ẓāhir al-riwāya . . . . . . . . . . 157 Chapter 4 Practice 163 A Ibn Quṭlūbughā’s practice of rule-review . . . . . . . . . . 163 B The functional relationships of commentary . . . . . . . . 166 To resolve a juristic dispute . . . . . . . . . . . . . . . . . 169 To clarify a point of ambiguity . . . . . . . . . . . . . . . . 174 To identify the opinion or the transmission used in the rule formulation . . . . . . . . . . . . . . . . . . . . . . . . . 177 To further expand upon the passage . . . . . . . . . . . . 179 To identify an editorial problem in the passage itself . . . . 187 C Employed legal rhetorical reasoning . . . . . . . . . . . . . 189 1 Arguments of juristic evidence (dalīl) . . . . . . . . . 190 2 Arguments of transmission (riwāya) . . . . . . . . . . 192 3 Arguments of language and logic . . . . . . . . . . . . 195 4 Arguments from revelation and the early Muslim community . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 5 Arguments from scholarship . . . . . . . . . . . . . . 200 6 Justifications from juristic considerations . . . . . . . 202 7 Justifications from context . . . . . . . . . . . . . . . 207 8 Justifications from exigencies of change and necessity . 209 9 Justifications of lifting difficulty and facilitating ease . 212 10 Justifications of preceding juristic authority . . . . . . 214 D Operative principles of rule-determination . . . . . . . . . 218 E The degree of congruence between theory and practice . . 229 Conclusion 235 Appendices 243 A The Writings of Qudūrī 245 B Jurists cited by Ibn Quṭlūbughā 249 C Works cited by Ibn Quṭlubughā 255 CO N T E N T S ix Works Cited 259 Index 271

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Book SynopsisThis is the first collection of studies entirely devoted to the terminological pair dār al-islām / dar al-ḥarb, “the abode of Islam” and “the abode of war”, apparently widely known as representative of “the Islamic vision” of the world, but in fact almost unexplored. A team of specialists in different fields of Islamic studies investigates the issue in its historical and conceptual origins as well as in its reception within the different genres of Muslim written production. In contrast to the fixed and permanent categories they are currently identified with, the multifaceted character of these two notions and their shifting meanings is set out through the analysis of a wide range of contexts and sources, from the middle ages up to modern times. Contributors are Francisco Apellániz, Michel Balivet, Giovanna Calasso, Alessandro Cancian, Éric Chaumont, Roberta Denaro, Maribel Fierro, Chiara Formichi, Yohanan Friedmann, Giuliano Lancioni, Yaacov Lev, Nicola Melis, Luis Molina, Antonino Pellitteri, Camille Rhoné-Quer, Francesca Romana Romani, Biancamaria Scarcia Amoretti, Roberto Tottoli, Raoul Villano, Eleonora Di Vincenzo and Francesco Zappa.Trade Review“This valuable addition to the bibliography of Islamic law and history manages to present nearly all the ways that have been used to look at it, to move around it and to use it.” Sotirios S. Livas in Journal of Oriental and African Studies 27 (2018), 422-424.Table of ContentsGiovanna Calasso, Introduction: Concepts, Words, Historical Realities of a “Classical” Dichotomy Section I. Concepts and Terminology Giovanna Calasso, Constructing and Deconstructing the Opposition dār al-islām / dār al-ḥarb: Between Sources and Studies Giuliano Lancioni, The Missing dār: On Collocations in Classical Arabic dictionaries Yaacov Lev, The Perception of the Others. Rūm and Franks (Tenth-Twelfth Centuries) Biancamaria Scarcia Amoretti, Some Observations on dār al-ḥarb / dār al-islām in the Imami Context Section II. Early Texts Roberta Denaro, Naming the Enemy’s Land: Definitions of dār al-ḥarb in Ibn al-Mubārak’s Kitāb al-Jihād Roberto Tottoli, Dār al-islām / dār al-ḥarb in the Tafsīr by Ibn Jarīr al-Ṭabarī and in Early Traditions Raoul Villano, The Qur’anic foundation of the dichotomy dār al-islām / dār al-ḥarb: an unusual hypothesis Section III. Law: theory and practice Éric Chaumont, Dār al-islām et dār al-ḥarb: Quelques réflexions à propos de la géographie théologico-politique sunnite classique, en regard du Kitāb al-Muhaḏḏab d’Abū Isḥāq al-Šīrāzī (m. 476/1083) Francisco Apellániz, An Unknown Minority Between the dār al-ḥarb and the dār al-Islām Nicola Melis, Some Observations on the Concept of dār al-ʿahd in Ottoman Context (XVI-XVII c.) Section IV. History of specific areas Maribel Fierro and Luis Molina, Some Notes on dār al-ḥarb in Early al-Andalus Camille Rhoné, Les émirs d’Iran nord-oriental face aux steppes turques (IXe-XIe siècle) entre légitimation, confrontation et cohabitation Michel Balivet, Dār al-islām ou bilād al-rūm? Le cas de l’Anatolie turque au Moyen- ge Francesco Zappa, Une appartenance controversée : trois moments dans le débat autour du statut du bilād al-sūdān Section V. Modern and contemporary developments Alessandro Cancian, Faith as Territory: dār al-islām and dār al-ḥarb in Modern Shi’i Sufism Chiara Formichi, Dār al-islām and Darul Islam: from Political Ideal to Territorial Reality Yohanan Friedmann, Dār al-islām and dār al-ḥarb in Modern Indian Muslim Thought Antonino Pellitteri, Better barr al-ʿaduww Than dār al-ḥarb: Some Considerations about Eighteenth Century maġribī Chronicles Francesca Romana Romani and Eleonora Di Vincenzo, Muḥammad Bayram’s Risāla fī dār al-ḥarb wa-suknāhā: A Modern Reinterpretation of Living in dār al-ḥarb Giuliano Lancioni, Concluding remarks: The terminological array

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Book SynopsisVisions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.Trade ReviewEndorsements for Visions of Justice "Visions of Justice is a remarkable depiction of Islamic justice among Central Asian Muslims under Tsarist rule. Paolo Sartori’s book tells a story that everyone interested in Islamic legal institutions and practice should hear. This meticulously researched, eloquently narrated account will generate an impact beyond the field of Central Asian studies." – Boğaç A. Ergene, University of Vermont "Based upon a wide range of legal sources written in Russian, Arabic, Persian, and Chaghatay, Visions of Justice invites readers to understand law as it was experienced by Muslims in Central Asia under tsarist rule and to explore the complex relationship between law and colonialism. This is an invitation that scholars of Islamic law will want to accept." – David S. Powers, Cornell University "Paolo Sartori’s Visions of Justice is a brilliant and pathbreaking study of Tsarist-era Central Asia, and should launch a fundamental rethinking of Central Asian history from the late 18th to 21st centuries. Focused on the encounter of Russian and local legal institutions and procedures during the late 19th and early 20th centuries, the book reveals the complex adaptations and manipulations, by Central Asians, of the expanded menu of legal options that would prove to be one of the most subtly transformative aspects of Russian rule." – Devin DeWeese, Indiana University "Visions of Justice is an instant classic in the historiography of modern Central Asia. In breathtaking detail, Sartori describes the transformation of the Islamic field under colonial rule. Through a stunning variety of new evidence mined from official and private family archives across Uzbekistan, much of it bringing to life and humanizing the acute concerns of Central Asian litigants, Sartori addresses a number of significant and longstanding lacunae in the historiography." – Eren Tasar, University of North Carolina, Chapel Hill Reviews of Visions of Justice “[...] Visions of Justice covers fundamental academic research which fills lacunas in the studies of the legal history of Transoxiana in the period of Russian colonization. It offers a complex outlook on the evolution of the Islamic judicial system in Russian Central Asia and introduces a large number of new documentary sources on the everyday consumption of the sharīʿa justice in a changing social environment. Numerous excerpts from archival material quoted throughout the book as well as full texts of exemplary documents in the Appendix provide a solid footing for the author’s argumentation and conclusions. Specialists will take advantage of transcriptions of the most important fragments from original texts occasionally supplemented with photocopies of quoted documents. What makes Visions of Justice suitable for a wider readership is that the intriguing lawsuit cases are regularly discussed as life stories in which the author gives voice to people of varied standing, be they ordinary Muslim litigants of both sexes, or high up native judges and legists, or local translators and assessors, or Russian military and administrative officials on different rungs of the imperial bureaucratic ladder.” – Mikhail Pelevin, Saint Petersburg State University, in Iranian Studies 51.6 (2018). “Every so often though a book about Central Asian Islam comes along which scholars working on other parts of the Muslim world need to take notice of—which deserves to become influential well beyond the narrow group of Central Asian specialists. [...] Paolo Sartori’s magnificent book deserves to join this short and exclusive list. [...] The major contribution Sartori has made here to the history of Central Asia is not in doubt. Why should it also be of interest to historians of other parts of the Muslim world, as I argued at the outset? One reason is the sheer level of detail that Sartori is able to provide in his case-studies (the book also contains a series of generous appendices with facsimiles and translations of archival documents) which has rarely if ever been matched by historians working on Islamic legal institutions under British, French or Dutch colonial rule. This in turn is because taken together, Central Asian archive and manuscript collections are among the largest surviving anywhere in the Muslim world—probably second only to the Ottoman archives in their significance—and yet they remain little known and little used by historians of Islam, who remain overwhelmingly focused on the Middle East. This needs to change, and Sartori’s superb book should be the catalyst.” – Alexander Morrison, New College, Oxford, in Journal of Islamic Studies 30.2 (2019). "Visions of Justice can be considered a particularly rich and valuable work. By consulting various archival resources, the book brings details about the lived realities of people of Central Asia to our attention from a micro-perspective. Building on various court cases, particularly criminal cases, the author explores the multilayered, complex systems of laws and social relations that characterize a part of the world which has usually been looked at with a more macropolitical approach. [...] This sums up this book that can only be described as seminal and inspiring due to its depth and serious creative research. He is to be congratulated." – Amira Sonbol (Qatar), in Historische Anthropologie (2021). "One of the main historiographical challenges that scholars of Islamic law (and Islam) in the Islamic East are facing is striking the balance between the multiple geographical and chronological registers. Paolo Sartori's Visions of Justice is a welcomed addition to this body of works and, more importantly, an excellent example of the enormous potential of this historiographical path." – Guy Burak, New York University, in Quaderni Storici 164.2 (2020).Table of ContentsAcknowledgments Note on Transliteration and Nomenclature Abbreviations List of Maps and Illustrations Introduction Chapter One: The Islamic Juridical Field in Central Asia, ca. 1785-1918 Chapter Two: Native Judges into Colonial Scapegoats Chapter Three: The Bureaucratization of Land Tenure Chapter Four: Annulling Charitable Endowments Chapter Five: Fatwas for Muslims, Opinions for Russians Epilogue: The Legacy: Opportunities from Colonialism Appendixes I-IV Glossary of Islamic Terms Archival Files Consulted Bibliography Index

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Book SynopsisDans Droit musulman et société au Sahara prémoderne, Ismail Warscheid reconstitue la pratique du droit musulman dans les oasis du Grand Touat en Algérie entre le XVIIe et le XIXe siècles. In Droit musulman et société au Sahara prémoderne, Ismail Warscheid investigates the practice of Islamic law in the oasis of Tuwāt in southern Algeria between the seventeenth and nineteenth centuries.Trade Review[...] 'Warscheid a [...] pertinemment construit ses questions (d’ensemble aussi bien que dans chaque chapitre) dans l’interaction avec les chercheurs de différents champs des sciences sociales et réussi à se positionner dans les débats qui les agitent, rendant la lecture de son ouvrage, non seulement agréable, mais aussi hautement instructive, et pas seulement pour les novices de ce terrain. [...] cette recherche est une belle démonstration de la non pertinence des oppositions villes/campagnes, cités/tribus ou sociétés orales/sociétés de l’écrit. [...] Warscheid, de la sorte, nous invite à tester ses résultats au coeur des cités-capitales, ce qui est un vaste champ de recherche qui s’ouvre pour tous les chercheurs'. Sami Bargaoui, Manouba University, Tunisia, in Journal of the American Oriental Society (2020), 140.1, pp 233-235 [...]There are few if any studies of pre-modern Saharan society that have in this way combined Islamic scholarship and social history. Warscheid’s book will become required reading for anyone interested in the history of the Sahara, and should also be central as a comparative case study for those working on Islamic law, scholarship and society south of the desert.[...] Knut S. Vikør, in Cahiers d’études africaines 236 (2019)Table of ContentsRemerciements Note sur la transcription et les abréviations Introduction Les traditions savantes du Sahara Le droit comme agent d’acculturation Les ksour du Grand Touat L’oubli de l’héritage littéraire Les sources Structure du livre Chapitre I L’émergence d’une cité musulmane au Sahara Les oulémas de Tamentit Des migrations internes L’essor d’une érudition vernaculaire La quête de références savantes Chapitre II Entre mémoire lettrée et vécu institutionnel : la compilation de nawāzil aux XVIIIe et XIXe siècles L’essor d’un genre La mémoire du corps Rassembler ce qui est dispersé Les juristes ksouriens et la « grande Tradition » La constitution d’une mémoire institutionnelle Un instrument de travail Chapitre III Justice et justiciables en terre ksourienne Un dialogue institutionnel Les cadis oasiens L’ombre du Makhzen Des accords fragiles L’ambiguïté de la figure du juge Un climat litigieux Un jardin au Gourara Un champ d’affrontement Chapitre IV Autopsie d’un regard normatif : la pratique de l’iftāʾ Droit et morale Le rappel de la procédure Une dispute entre doctes Le mufti et son cadi Une confraternité conflictuelle Chapitre V Les ksouriens et leurs magistrats La légitimation de l’assemblée communautaire La jamāʿa comme justiciable Jugement, compromis et médiation sociale Le rôle des notables dans les procédures judiciaires Des agents de jonction Chapitre VI Ce que coutume veut dire au Grand Touat Traduire l’universel, déchiffrer le local Une souplesse circonstanciée Chapitre VII Au prétoire : les séances judiciaires en milieu oasien Un procès L’admissibilité des témoins Une litigiosité scripturaire L’ambiguïté de l’écrit L’espace judiciaire comme lieu d’acculturation Chapitre VIII Un lieu de recours ambigu Les ksouriennes et la circulation de la propriété L’ambiguïté des outils juridiques Deux pôles d’autorité sociale Le cycle de la vie au miroir du droit L’affirmation de l’autorité paternelle Lien conjugal et recours judiciaires Une ambivalence insoluble Conclusion Cartes Bibliographie Index général

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Book SynopsisThis volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.Table of ContentsIntroduction, Maaike van Berkel, Léon Buskens and Petra M. Sijpesteijn Notes on Contributors Bibliography Rudolph Peters Rudolph Peters and the History of Modern Egyptian Law, Khaled Fahmy I. REGIME CHANGE AND LEGAL INSTITUTIONS The Qadis’ Justice according to Papyrological Sources (Seventh–Tenth Centuries C.E.), Mathieu Tillier Delegation of Judicial Power in Abbasid Egypt, Petra M. Sijpesteijn The Mahdi’s Legal Opinion as an Instrument of Reform: Issues in Divorce, Inheritance, False Accusation of Unlawful Intercourse and Homicide, Aharon Layish II. PRACTICES OF RECORDING AND VERIFYING Identifying the ʿudūl in Fifteenth-Century Granada, Sergio Carro Martín and Amalia Zomeño Crimes without Criminals? Legal Documents on Fourteenth-Century Injury and Homicide Cases from the Ḥaram Collection in Jerusalem, Christian Müller From Trash to Treasure: Ethnographic Notes on Collecting Legal Documents in Morocco, Léon Buskens Notes for a Local History of Falsehood, Brinkley Messick III. DAILY LIFE Waqf Documents on the Provision of Water in Mamluk Egypt, Maaike van Berkel Ottoman amān: Western Ownership of Real Estate and the Politics of Law Prior to the Land Code of 1876, Maurits H. van den Boogert A Comparative Study of Contract Documents: Ottoman Syria, Qajar Iran, Central Asia, Qing China and Tokugawa Japan, Toru Miura

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Book SynopsisAhmad Alkhamees defines Creative Shari‘ah compliance as compliance with the letter but not the objectives of Shari‘ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari‘ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari‘ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari‘ah compliance practises. Second, it examines how Shari‘ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari‘ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari‘ah compliance.Table of ContentsAcknowledgements Brill’s Simple Arabic Transliteration System Glossary of Arabic Terms Table of Cases List of Statutes List of Figures and Tables Abbreviations Introduction 1 An Overview of Shariʿah  1.1 Introduction  1.2 Overview of Shariʿah and Its Foundation  1.3 Schools of Thought  1.4 Islamic Legal Ruling  1.5 Main Features of Islamic Finance  1.6 Shariʿah-Compliant Financial Instruments  1.7 The Objectives of Islamic Law  1.8 Conclusion 2 The Form Versus Substance Debate and the Roots of Creative Shariʿah Compliance in Islamic Finance: Why Reinvent the Wheel?  2.1 Introduction  2.2 The Definition of Ḥīlah  2.3 The Origins and the Evolution of Ḥīlah  2.4 Positions on Ḥīlah of Islamic Schools of Thought  2.5 Refuting the Pro-Ḥīlah Arguments  2.6 Conclusion 3 Tawarruq as a Case Study of Creative Shariʿah Compliance  3.1 Introduction  3.2 Definition of Tawarruq and Selection Rationale  3.3 The Development of Tawarruq  3.4 The Differences between Jurisprudential and Organised Tawarruq  3.5 Forms of Tawarruq  3.6 Shariʿah Jurists’ Views on Tawarruq  3.7 Conclusion 4 Standardisation of Fatwās to Reduce Creative Shariʿah Compliance  4.1 Introduction  4.2 Standardisation: A Definition  4.3 Why Is Standardisation Needed?  4.4 Causes of Juristic Differences  4.5 Remedies for Inconsistency  4.6 Conclusion 5 The Impact of Shariʿah Governance Practises on Shariʿah Compliance in Contemporary Islamic Finance  5.1 Introduction  5.2 Shariʿah Supervisory Board Definition  5.3 The Importance of SSBs  5.4 Regulatory Issues Surrounding Shariʿah Supervisory Boards  5.5 Conclusion 6 Public Mechanisms to Remedy Creative Shariʿah Compliance  6.1 Introduction  6.2 Overview and Justification of CSSBs  6.3 Tasks of CSSBs  6.4 The Central Shariʿah Board in Sudan  6.5 The Central Shariʿah Board in Malaysia  6.6 UK Regulators’ Approach towards Shariʿah Governance  6.7 Saudi Regulators’ Approach towards Shariʿah Governance  6.8 Compulsory Disclosure  6.9 Conclusion 7 Private Mechanisms to Remedy Creative Shariʿah Compliance  7.1 Introduction  7.2 Shariʿah Compliance Rating  7.3 Shariʿah Indices  7.4 Private External Shariʿah Auditing Firms  7.5 International Islamic Financial Standards  7.6 Whistle Blowing  7.7 Characterising the Articles of Association  7.8 Conclusion Conclusion Bibliography

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Book SynopsisQurʾān Quotations Preserved on Papyrus Documents, 7th-10th Centuries is the first book on the Qurʾān’s Sitz im Leben, i.e. on how the Qurʾān was quoted in Arabic original letters, legal deeds, and amulets. Qurʾān Quotations also serves as an in-depth exploration of the radiocarbon dating of documents and Qurʾānic manuscripts. Contributors: Ursula Bsees; Tobias J. Jocham; Andreas Kaplony; Michael Josef Marx, Daniel Potthast; Leonora Sonego; Eva Mira Youssef-Grob.Table of ContentsThe Qurʾān’s Sitz im Leben: Preliminary Remarks on Methodology Figures Notes on Contributors 1 Introduction  Michael Josef Marx 2 Qurʾān Quotations in Arabic Papyrus Letters from the 7th to the 10th Centuries  Daniel Potthast 3 Qurʾān Quotations in Papyrus Legal Documents  Leonora Sonego 4 Qurʾānic Quotations in Arabic Papyrus Amulets  Ursula Bsees 5 Radiocarbon (14C) Dating of Early Islamic Documents: Background and Prospects  Eva Mira Youssef-Grob 6 Radiocarbon (14C) Dating of Qurʾān Manuscripts  Michael Josef Marx and Tobias J. Jocham General Bibliography Index

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Book SynopsisAnthropology 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. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.Trade Review"The authors’ intention in writing the papers included in this volume is stated to be the exploration of property phenomena; furthermore, the intension to offer an ethnographic description of the practices linked to them. Obviously trying to balance between the impact of culture and the legal environment within which the legal praxis is applied, this is a research about the legal practices in an overwhelmingly Muslim environment - not the depiction of an ‘Islamic’ culture observed through the prism of law. This is what makes this study anthropological, as far as I am concerned. Valuable tool for students of law and (of course) anthropologists." - Stavros Nikolaidis, in: Journal of Oriental and African Studies 28 (2019) "Cet ouvrage, de forme très soignée, extrêmement riche et varié dans ses ethnographies de pratiques saisies sur le vif et très homogène dans ses approches, constitue non seulement un apport marquant à l’anthropologie juridique du Soudan (pays passionnant, ne serait-ce qu’au vu des événements récents), mais encore un modèle de collaboration entre anthropologues et juristes." - François Ireton, CNRS, Paris, in: Cahiers d'etudes africaines 240 (2020)

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Book SynopsisIslamic 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.Table of ContentsAcknowledgements List of Figures Transliteration  Personal Names and Imamic Titles  Dates 1 Introduction  1 Waqf as Public Infrastructure and Welfare in Muslim Societies  2 Field, Scope, and Focus  3 Types of Data  4 Fieldwork  5 Archival Material  6 The Structure of the Book 2 Representing Validity in Islamic Law  1 Normative and Descriptive Models of Waqf  2 Academic Debates on Islamic Law  3 Arriving at an Analytical Framework 3 Central Waqf Administration  1 Types of Waqf in Yemen  2 Historical Overview of Centralized State Waqf Administration  3 Waqf Administration Under the Qāsimī Dynasty (1045–1289/1636–1872)  4 The Waqf Administration of Imam Yaḥyā and Imam Aḥmad (1911–62)  5 The Ministry of Awqāf After the Revolution (1962–) 4 Main Texts of Zaydī Waqf Fiqh and Law  1 Zaydism  2 Zaydī Fiqh Texts and Authors  3 Zaydī Validated Fiqh, Imamic Decrees, Yemeni Codification and Laws 5 Family Waqf and Inheritance  1 Structure and Main Argument of the Chapter  2 The Arrival of al-Hādī and His Waqf-waṣīya Model  3 The Fatwās of Imam al-Manṣūr ʿAbdallāh b. Ḥamza (561–614/1166–1217)  4 Instiṣār and Nūr al-abṣār  5 The Views of Ibn al-Murtaḍā (d. 840/1436) and Ibn Miftāḥ (d. 877/1472)  6 The Fatwa Collection of Imam ʿIzz al-Dīn (846–901/1442–95)  7 Ikhtiyārāt of al-Mutawakkil Ismāʿīl (ca. 1060/1650)  8 Al-Risāla al-Mahdawiyya from 1188/1774  9 al-Shawkānī’s Views (1173–1250/1760–1834)  10 Imam Yaḥyā’s Decrees  11 Imam Aḥmad’s Decrees (r. 1948–62)  12 Republican Waqf Laws on the Matter  13 Exclusion of the Awlād al-Banāt in Other Law Schools 6 The Tenant’s Strong Hand  1 Property and Lease Law  2 The Genealogy and Trajectory of the Three-year Rule  3 The Three-year Rule in Zaydī Fiqh: A Chronological Presentation  4 The Three-year Rule in Modern Yemeni Codification  5 The Three-year Rule in Other Law Schools and Legal Traditions  6 Waqf Lease in Practice 7 Private Rights in Public Waqf  1 The Waṣīya of Three Cisterns: Bayt al-Laḥafa (2008): An Ethnographic Description  2 Four Waqf Documents of Public Sanaa Sabīl-waqfs with Private Benefits  3 Theoretical Possibilities for Private Aspects of a Public Waqf  4 Questions Concerning the Right to Guardianship in Combined Waqfs 8 Pure Law, ʿUrf, and Maṣlaḥa: Conclusions  1 Sources of Validity  2 Situating Legal Knowledge  3 The Potential in Waqf Bibliography Index

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Book SynopsisIn Beyond Schools: Muḥammad b. Ibrāhīm al-Wazīrʼs (d. 840/1436) Epistemology of Ambiguity, Damaris Wilmers provides the first extensive analysis of Ibn al-Wazīrʼs thought and its role in the “Sunnisation of the Zaydiyya”, emphasizing its significance for conflicts between schools of thought and law beyond the Yemeni context. Contrasting Ibn al-Wazīrʼs works with those of his Zaydi contemporary Aḥmad b. Yaḥyā b. al-Murtaḍā, Damaris Wilmers offers a study of a number of heretofore unedited texts from 9th/15th century Yemen when Zaydi identity was challenged by an increasing theological and legal diversity. She shows how Ibn al-Wazīr, who has been classed with different schools, actually de-emphasized school affiliation and developed an integrative approach based on a unique theory of knowledge.Table of ContentsAcknowledgements Introduction 1 Life and Intellectual Environment of Ibn al-Wazīr and Ibn al-Murtaḍā  1 Muḥammad b. Ibrāhīm b. al-Wazīr’s (d. 840/1436) Biography  2 Aḥmad b. Yaḥyā b. al-Murtaḍā (d. 840/1436) as a Scholar  3 Conclusion 2 Ibn al-Wazīr’s Works  1 Al-Amr bi-l-ʿuzla  2 Al-ʿAwāṣim wa-l-awāṣim  3 Al-Āyāt al-mubīnāt  4 Āyāt al-aḥkām al-sharʿiyya  5 Al-Burhān al-qāṭiʿ fī ithbāt al-ṣāniʿ  6 Al-Ḥusām al-mashhūr  7 Al-Istiẓhār bi-l-dalīl al-samʿī fī ʿadam wuqūʿ al-ṭalāq al-bidʿī  8 Īthār al-ḥaqq ʿalā l-khalq  9 Kitāb al-Qawāʿid  10 Kitāb fī l-tafsīr  11 Majmaʿ al-ḥaqāʾiq wa-l-raqāʾiq fī mamādiḥ rabb al-khalāʾiq  12 Manẓūma shiʿriyya fī uṣūl al-fiqh  13 Masāʾil arbaʿa tataʿallaq bi-l-muqallad wa-l-mustaftī  14 Masʾalat ikhtilāf al-Muʿtazila wa-l-Ashʿariyya fī ḥamd Allāh ʿalā l-īmān  15 Masāʾil mustakhrajāt  16 Masāʾil shāfiyāt  17 Masāʾil sharīfa  18 Mukhtaṣar mufīd fī ʿulūm al-ḥadīth  19 Muthīr al-aḥzān fī wadāʿ shahr Ramaḍān  20 Nuṣrat al-aʿyān  21 Qubūl al-bushrā bi-l-taysīr lil-yusrā  22 Al-Rawḍ al-bāsim  23 Al-Taʾdīb al-malakūtī  24 Taḥrīr al-kalām fī masʾalat al-ruʾya  25 Takhṣīṣ āyāt al-jumʿa  26 Tanqīḥ al-anẓār fī maʿrifat ʿulūm al-āthār  27 Tarjīḥ asālīb al-Qurʾān ʿalā asālīb al-Yūnān  28 Additional Works Ascribed to Ibn al-Wazīr 3 Central Concepts of Ibn al-Wazīr’s Epistemological Thought  1 Definitions of Knowledge  2 Definitions of the Means to Possess Knowledge  3 The Proof of God’s Existence (ithbāt al-ṣāniʿ)  4 The Argument from the Absence of Evidence (al-istidlāl bi-l-ʿadam)  5 Conclusion 4 Central Concepts of Ibn al-Wazīr’s Theological Thought  1 God’s Wisdom (ḥikma) as the Key to Harmonization  2 Harmonized Doctrine: God’s Names (asmāʾ) and Attributes (ṣifāt)  3 Harmonized Doctrine: God’s Will (irāda)  4 Harmonized Doctrine: Human Actions (afʿāl al-ʿibād) and Free Will (ikhtiyār)  5 Conclusion 5 The Structure of Legal Authority in Ibn al-Wazīr’s Thought  1 The Theory of Infallibilism and the Probability of Ijtihād  2 The Possibility of Ijtihād and the Existence of Mujtahids  3 Taqlīd and Concepts of Following  4 The Requirements (shurūṭ) for Ijtihād  5 Divisibility (tajazzuʾ) of Ijtihād and the Discerning Student (al-ṭālib al-mumayyiz)  6 Extrapolation of Principles (takhrīj)  7 The Muqallid’s Commitment to a Legal School (iltizām)  8 Conclusion 6 Conclusion Bibliography Index of Pre-Modern Authors Index of Geographical Names Index of Pre-Modern Books Index of Quran Citations Index of Arabic Terms

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Book SynopsisIn Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.Table of ContentsPreface Notes on Contributors Visions of Sharīʿa: An Introduction  Ali-Reza Bhojani 1 The Reception of Factuality (taṣwīb) Theories of Ijtihād in Modern Uṣūlī Shīʿī Thought  Seyyed Mostafa Mohaghegh Damad 2 Reassessing the Pivotal Role of Certainty in Modern Shīʿī Uṣūlī Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Sharīʿa Precepts  Hashim Bata 3 The Role of the Quran in Legal Reasoning (Ijtihād): A Shīʿī Perspective  Rahim Nobahar 4 From Theory to Practice: The Role of the Subject in the Derivation of Rulings and Its Potential in Creating a System of Case Law for the Operation of Shīʿī Law  Imranali Panjwani 5 Strategic Juristic Omission and the Non-Muslim Blood Price: An Examination of Shīʿī Fiqh and Practice  Haider Ala Hamoudi 6 Towards the Hermeneutics of a Justice-Oriented Reading of Sharīʿa  Ali-Reza Bhojani 7 Maqāṣid al-Sharīʿa Discourse in Contemporary Shīʿī Jurisprudence  Hassan Beloushi Epilogue  Robert Gleave Appendix: al-Sayyid ʿAlī al-Ḥusaynī al-Sīstānī on Uṣūl al-fiqh in Twelver Shīʿī Thought: Its Importance and Historical Phases  Ali-Reza Bhojani Index

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Book SynopsisIn this work, Justyna Nedza presents the first comprehensive analysis of the theologically charged legal practice of takfir in Egyptian and Saudi militant Salafist thought, with a focus on how this practice is employed to justify militant opposition to the state. Justyna Nedza präsentiert hier die erste umfassende Analyse der theologisch aufgeladenen Rechtspraxis des takfīr im militanten Salafismus, insbesondere in Ägypten und Saudi Arabien. Dabei liegt das Hauptaugenmerk darauf, wie takfīr zur Rechtfertigung eines gewaltsamen Vorgehens gegen den Staat eingesetzt wird.Table of ContentsI. EINLEITUNG II. SAIYID IMĀM III. ʿALĪ AL-ḪUḌAIR, NĀṢIR AL-FAHD, AḤMAD AL-ḪĀLIDĪ IV. LEGITIMIERUNG DES TAKFĪR V. REFERENZRAHMEN VI. REVISIONEN VII. ALLGEMEINES FAZIT VIII. BIBLIOGRAPHIE

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Book SynopsisBreaching the Bronze Wall deals with the idea that the words of honorable Muslims constitutes proof and that written documents and the words of non-Muslims are of inferior value. Thus, foreign merchants in cities such as Istanbul, Damascus or Alexandria could barely prove any claim, as neither their contracts nor their words were of any value if countered by Muslims. Francisco Apellániz explores how both groups labored to overcome the ‘biases against non-Muslims’ in Mamlūk Egypt’s and Syria’s courts and markets (14th-15th c.) and how the Ottoman conquest (1517) imposed a new, orthodox view on the problem. The book slips into the Middle Eastern archive and the Ottoman Dīvān, and scrutinizes sharīʿa’s intricacies and their handling by consuls, dragomans, qaḍīs and other legal actors.Table of ContentsAcknowledgements Abbreviations 1 Introduction  1.1 Structure of the Book 2 Producing, Handling and Archiving Evidence in Mediterranean Societies  2.1 The 'Archival Divide'  2.2 Islamic Notions and Doctrines on Proof and Evidence  2.3 Notaries in the Cross-Confessional Middle Ages  2.4 The Case of the Outremer Notaries  2.5 New Attitudes towards the Written 3 ‘Men Like the Franks’: Dealing with Diversity in Medieval Norms and Courts  3.1 An Introduction to Siyāsa  3.2 The Crusader Marketplace  3.3 The actor sequitur forum rei Principle  3.4 Empowering One Consul over the Others  3.5 An Iberian Epilogue  3.6 Siyāsa Justice in Theory and Practice  3.7 Conflict Resolution in and out of the Courtroom  3.8 Merchants at the Islamic Courts: a Lender of Last Resort?  3.9 Mixed Cases at the Qadi Court  3.10 Mixed Cases before Siyāsa Courts  3.11 Siyāsa among the Franks 4 Ottoman Legal Attitudes towards Diversity  4.0 The ‘Witness System’: a Bronze Wall?  4.1 The Legal Grounds of the Ottoman Witness System  4.2 The Ban on Muslim Witnesses  4.3 Dhimmī Claims on Communal Exclusivity: the Carazari Clause  4.4 False Witnessing  4.5 Proving Enslavement  4.6 Legal Truth and the Governance of Frontier Zones  4.7 The Aleppo Ferman  4.8 A Death in Damascus 5 Conclusions Bibliography Index

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Book SynopsisEmphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.Table of ContentsNotes on Contributors Introduction  Norbert Oberauer Muslim Legal Practice in the United Kingdom: the Muslim Arbitration Tribunal  Yvonne Prief Unregistered Muslim Marriages in the United Kingdom  Vishal Vora Muslims of Greece: a Legal Paradox and a Political Failure  Konstantinos Tsitselikis Islamic Law as Indigenous Law: Sharı̄ʿa Courts in Israel from a Postcolonial Perspective  Ido Shahar Nation Building, Islamic Law and Unofficial Legal Pluralism: the Cases of Turkey and Pakistan  Ihsan Yilmaz Constitutional Recognition of Islamic Family Law and Sharia Courts in Ethiopia: Governmental Strategies to Co-regulate the Plural Family Law Arena  Katrin Seidel Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-based Justice  Ulrike Qubaja Legal Pluralism in Indonesia: the Case of Interfaith Marriages Involving Muslims  Judith Koschorke Contextualising Malaysia’s Islamic Law: a Nuanced Perspective  Karen Meerschaut and Werner de Saeger Index

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Book SynopsisPre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction (“avanias”), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.Trade Review"[...] Boogert's analysis is clear, without any logical or methodological fallacies, based on extensive documentation while his conclusions are well founded, illuminative and innovative." Demetrios Papastamatiou in Journal of Oriental and African Studies (JOAS) 20 (2011), 321-324.Table of ContentsIntroduction 1. The Sultan’s Promise 2. The Protection System 3. Avanias: Misrepresentations of the Ottoman 4. The Division of Estates 5. Bankruptcy 6. Theft 7. Conclusion

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Book SynopsisIn Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjīḥ) by which one opinion is chosen as the binding precedent (taqlīd). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.Table of ContentsCO N T E N T S Introduction 1 Chapter 1 Authors 23 A The compendium author: Qudūrī . . . . . . . . . . . . . . 24 B The commentator: Ibn Quṭlūbughā . . . . . . . . . . . . . 37 Chapter 2 History 51 A Ibn Quṭlūbughā’s sources . . . . . . . . . . . . . . . . . . 51 B Periodisation . . . . . . . . . . . . . . . . . . . . . . . . . 53 Period 1: Foundational ‘Ḥanafī’ opinions (ca. 150–200) . . . 57 Period 2: Formative transmission (ca. 200–300) . . . . . . 58 Period 3: Classical consolidation (ca. 300–400) . . . . . . 60 Period 4: Tarjīḥ (ca. 400–650) . . . . . . . . . . . . . . . . 63 Period 5: Taṣḥīḥ (ca. 650–870) . . . . . . . . . . . . . . . . 79 Who are the ‘latter-day jurists’ (al-muta’akhkhirūn)? . . . . 87 C Historical geographical patterns . . . . . . . . . . . . . . . 90 D Periodisation and the typologies of jurists (ṭabaqāt al-fuqahā’) 96 Chapter 3 Theory 105 A Ibn Quṭlūbughā’s introduction to al-Taṣḥīḥ wa-al-tarjīḥ . . 108 B Analysis of the topics . . . . . . . . . . . . . . . . . . . . . 118 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . 118 2 The procedures of rule-determinacy . . . . . . . . . . 125 3 Judicial discretion . . . . . . . . . . . . . . . . . . . . 134 C Arguments for binding precedent . . . . . . . . . . . . . . 137 1 The ethico-religious argument . . . . . . . . . . . . . 138 2 The argument from legal-system consistency . . . . . 139 3 The argument from legal-system coherence . . . . . . 143 4 The argument from strengthened decision-making . . 145 5 The argument from predictability . . . . . . . . . . . 145 viii CO N T E N T S 6 The argument from historical determinism . . . . . . 146 D Historical developments . . . . . . . . . . . . . . . . . . . 149 1 Target audiences: muftis and muftis . . . . . . . . . . 149 2 Rule-determination (tarjīḥ) vs. rule-review (taṣḥīḥ) . . 150 3 From monist to pluralistic legal systems . . . . . . . . 153 4 Madhhab-law: tradition, system, concurrent jurisdictions 154 E The (lack of) definition of ẓāhir al-riwāya . . . . . . . . . . 157 Chapter 4 Practice 163 A Ibn Quṭlūbughā’s practice of rule-review . . . . . . . . . . 163 B The functional relationships of commentary . . . . . . . . 166 To resolve a juristic dispute . . . . . . . . . . . . . . . . . 169 To clarify a point of ambiguity . . . . . . . . . . . . . . . . 174 To identify the opinion or the transmission used in the rule formulation . . . . . . . . . . . . . . . . . . . . . . . . . 177 To further expand upon the passage . . . . . . . . . . . . 179 To identify an editorial problem in the passage itself . . . . 187 C Employed legal rhetorical reasoning . . . . . . . . . . . . . 189 1 Arguments of juristic evidence (dalīl) . . . . . . . . . 190 2 Arguments of transmission (riwāya) . . . . . . . . . . 192 3 Arguments of language and logic . . . . . . . . . . . . 195 4 Arguments from revelation and the early Muslim community . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 5 Arguments from scholarship . . . . . . . . . . . . . . 200 6 Justifications from juristic considerations . . . . . . . 202 7 Justifications from context . . . . . . . . . . . . . . . 207 8 Justifications from exigencies of change and necessity . 209 9 Justifications of lifting difficulty and facilitating ease . 212 10 Justifications of preceding juristic authority . . . . . . 214 D Operative principles of rule-determination . . . . . . . . . 218 E The degree of congruence between theory and practice . . 229 Conclusion 235 Appendices 243 A The Writings of Qudūrī 245 B Jurists cited by Ibn Quṭlūbughā 249 C Works cited by Ibn Quṭlubughā 255 CO N T E N T S ix Works Cited 259 Index 271

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Book Synopsisهذا العمل يضم ثلاث قطع مخطوطة ينسبها فهرس مكتبة رقّادة بالقيروان إلى الأسدية، فتبيّن أنّها ليست الأسدية، بل هي سماع أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وبالتّالي هي تهمّ الفقه الحنفي وليس المالكي. This work contrains three manuscript fragments attributed to the Asadiyya by the catalog of the Raqqada Library in Kairouan. However, it appears that they do not belong to the Asadiyya, but rather contain scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. Hence they concern Ḥanafī jurisprudence, not Malikī.

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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 SynopsisLex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran.A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legTable of Contents1: Introduction2: International Investment Law3: Lex Petrolea4: Iran5: Iraq6: Saudi Arabia7: Conclusion

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Book SynopsisUtilising a pioneering theological and hermeneutic framework adapted from both classical Muslim literature and contemporary academic studies of the Qur an, Ramon Harvey explores the underlying principles of its system of social justice.

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Book SynopsisThis book examines the various methods and trends in Hadith Studies across the globe. Bringing together contributions from 10 scholars of Hadith, it addresses the subject from a variety of methodological vantage points and historical premises.

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Book SynopsisThis book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million.

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Book SynopsisThis book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million.

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Book SynopsisArgues for the compatibility human rights and Islam, focusing on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments.

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Book SynopsisThis book tells the gripping story of R?fiq Taq?, an Azerbaijani journalist and writer, who was condemned to death by an Iranian cleric for a blasphemous news article in 2006. Mohsen Kadivar debates the case with Muhammad Jawad Fazel, the son of Grand Ayatollah Fazel Lankar?n? who issued the fatwa pronouncing death penalty on Taq?.Trade Review"Professor Mohsen Kadivar brilliantly demonstrates theoretically and historically that charges of blasphemy and apostasy should no longer be prosecuted but instead viewed through the Islamic tradition of toleration and co-existence." -Roy Parviz Mottahedeh, Harvard University

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Book SynopsisBy pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.Trade Review‘A revelatory exploration of faith traditions in deep dialogue with one another. Islamic and Jewish Legal Reasoning offers a model of reciprocal conversation at a time when it is too often in short supply.’ -- Dr. Seth Anziska, Lecturer in Jewish-Muslim Relations, University College London‘A wonderfully engaging conversation about the meaning, value, and possible revision of legal traditions.’ -- Michael Walzer, Professor Emeritus, Institute for Advanced Study, Princeton‘Islamic and Jewish Legal Reasoning is daring and innovative. The book is a conversation among scholars of law and religion in these two great traditions, based on intensive collective readings of and reflections on each other’s key texts, specifically concerning the role of reason and authority in determining law. The result is a fascinating and highly readable account of this dialogue.’ -- Ziba Mir-Hosseini, SOAS, University of London‘Anver Emon and Robert Gibbs are among the very best scholars of their generation on (respectively) Islamic and Jewish legal reasoning. This volume is a treasure, bringing their work into conversation with other notable scholars, helping us to better understand our shared heritage.’ -- Amir Hussain, Professor of Theological Studies, Loyola Marymount University‘Islamic and Jewish Legal Reasoning is a series of thoughtful scholarly essays in which recognition of differences becomes the starting point for mutual understanding. The essays introduce the reader to pairs of outstanding scholars who reflect together on legal questions regarding animals, sovereignty, the status of women, and other issues. Their conversations provide a wealth of detail on these two important traditions, and they remind us again that to know our own law and culture, we must first understand the questions others raise about them.’ -- Robin W. Lovin, William H. Scheide Senior Fellow in Theology, Center of Theological Inquiry‘Designed for the non-specialist, this fascinating book invites the reader to listen in on a conversation about law, Jewish law and Islamic law, among distinguished scholars thinking modern questions—the nature of law and judicial authority, the status of women, animal rights, and sovereignty—with ancient and medieval texts. It is a deeply serious book which models an informed and open dialogue about consequential matters rather than providing packaged pieties.’ -- Winnifred Fallers Sullivan, Chair, Department of Religious Studies, Indiana University BloomingtonTable of ContentsIntroduction: Islamic and Jewish Legal Reasoning—Beginnings (Anver M. Emon and Robert Gibbs) On Reading Together Formation of a Reading Practice From Reading Together to Writing Together PART I 1 Assuming Power: Judges, Imagined Authority, and the Quotidian (Rumee Ahmed and Aryeh Cohen) Introduction Rumee Ahmed Aryeh Cohen Rumee Ahmed Aryeh Cohen: Coda Conclusion 2 Guardianship of Women in Islamic and Jewish Legal Texts (Rachel Adler and Ayesha S. Chaudhry) Introduction Reading an Islamic Legal Text Together Reading a Jewish Legal Text Together Further Reflections: Rachel Adler Comparative Reflections: Ayesha S. Chaudhry Conclusion 3 The Cowering Calf and the Thirsty Dog: Narrating and Legislating Kindness to Animals in Jewish and Islamic Texts (Beth Berkowitz and Marion Katz) Introduction Dialogue 1: Legal Obligations toward Animals Dialogue 2: Compassion toward Animals Conclusion 4 Policing Women: Virginity Checkers and the Sotah Ordeal as Sites of Women’s Agency (Ayesha S. Chaudhry and Shari Golberg) Women Policing Women: From Montreal to Jerusalem The Hidaya: Testimony in Cases of Zina Mishnah Sotah: Testimony in the Case of Suspected Adultery The Adulteress vs. the Adulterer Conclusion 5 Sovereignty, Law, and the Pedagogy of Historical Fantasy: On the Halakha on the Laws of War and the Fiqh on Dhimmis (Arye Edrei and Anver M. Emon) Introduction Early Rabbinic and Islamic Legal Trajectories Inverting the Political Form Conclusion PART II 6 Cross-Textual Reflections on Tradition, Reason, and Authority (Adam B. Seligman) Introduction: Tradition and Reason Tradition and Dialogue Authority and Religion 7 The Social Life of Reason (Robert Gibbs) A Philosophical Framework Philosophical Questions List of Contributors Index

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Book SynopsisA formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all these and many more crucial questions of Islamic law as they affect the different nations of the Islamic World.Table of ContentsWhere do Islamic courts still operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What penalties may an Islamic judge impose in criminal matters? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all the above crucial, basic yet difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modem states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.

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Book SynopsisDue to mass migration over a number of decades, many Muslims today find themselves residing as minorities in Western secular nations and as a result are searching for answers in order to live within these societies yet remain true to their faith. This book sets out to counter the idea that there are only two possibilities for Muslim minorities?isolation or assimilation?by arguing that traditional Islamic law, or fiqh as it is found in the classical schools of law, is not outdated or too inflexible to be utilized in the21st century and that ratherit can provide the means for Muslims to integrate within secular societies while maintaining a link to the sources of their religion and its legal rulings. Amjad M. Mohammed demonstrates how Islamic law, as interpreted by the Hanafi School of Law, is a multifaceted, complex legal system that takes into account both the individual?s situation and the society?s culture and customs. The concept of diyar, or political-legal jurisdictions, is discussed with special emphasis on the criteria for the application of dar al-Islam (Muslim state), dar-al-sulh (peace-treaty state), and dar al-harb (enemy state). A number of rulings for different situations that confront Muslim minorities are also included, such as working with illegal products or services, halal meat, food additives, medicines and medical interventions, financial transactions, and political participation.

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Book SynopsisThis book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.Table of ContentsChapters: 1. Introduction 2. Mawlid al-Nabi and the Signs of Islam: A Historical Perspective 3. On Remembering Events of Joy and Remorse 4. Remembering the Mawlid of Prophets: A Qur'anic Analysis 5. Evidences from the Qur'an on Mawlid al-Nabi 6. Evidences from the Hadith on Mawlid al-Nabi 7. The Position of the Hadith Scholars and Imams On Celebrating Mawlid al-Nabi 8. Why Did the First Generation of Muslims Not Celebrate the Mawlid? 9. The Formative Constituents of Mawlid al-Nabi 10. Various Aspects of Mawlid al-Nabi: A Brief Overview 11. Is Celebrating Mawlid al-Nabi a Bid'a? 12. Doctrinal Issues Related to Mawlid al-Nabi

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Book SynopsisThis book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.Table of ContentsChapters: 1. Introduction 2. Mawlid al-Nabi and the Signs of Islam: A Historical Perspective 3. On Remembering Events of Joy and Remorse 4. Remembering the Mawlid of Prophets: A Qur'anic Analysis 5. Evidences from the Qur'an on Mawlid al-Nabi 6. Evidences from the Hadith on Mawlid al-Nabi 7. The Position of the Hadith Scholars and Imams On Celebrating Mawlid al-Nabi 8. Why Did the First Generation of Muslims Not Celebrate the Mawlid? 9. The Formative Constituents of Mawlid al-Nabi 10. Various Aspects of Mawlid al-Nabi: A Brief Overview 11. Is Celebrating Mawlid al-Nabi a Bid'a? 12. Doctrinal Issues Related to Mawlid al-Nabi

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Book SynopsisThis book focuses on dealing with questions and concerns regarding long-term and sustainable peaceful relations between Muslims and non-Muslims, in both Muslim majority countries and also western countries where Muslims live as minorities.The book is divided into two sections. The first section discusses individual and community relations, providing ample evidences for very important aspects in this regard. Muslims in their treatment of non-Muslims, bas a rule, are to ensure that all non-Muslims are secure in their lives and in their belongings.The book further illustrates how Muslims are to treat non-Muslims with piety and excellent social morality, and not as second class citizens or inferior beings.The second section of the book discusses the categories of abodes, making this work one of geopolitical relevance. Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri provides evidences and nuanced interpretations of the concepts "The Abode of Islam, The Abode of Reconciliation, The Abode of Treaty, The Abode of Peace, and The Abode of War." Clear definitions of these categories are offered, along with how different countries can and cannot be classified in each of these categories.This book presents a high standard of Islamic scholarship for Muslims and non-Muslims alike. Members of diverse communities may benefit by comparing their own viewpoints, perspectives, understandings, and opinions with this important work of an authentic scholarly standard.

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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.

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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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