Description
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
