This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodified Islamic law, state control of public morals, and on Sudanese society and economy. The focus of attention here is the judge as an instrument for implementing the government's Islamist policy by means of expanded judicial discretion based on a synthesis of traditional Islamic and modern non-Islamic sources of law. The book is intended for Islamists, legal historians, and lawyers.
The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.
A caravan of Jews wanders through Eastern Europe at the end of the nineteenth century on a heartbreaking quest. Spiritual seekers and the elderly, widows and orphans, the sick and the dying, con artists and adventurers, victims of pogroms who have no place else to go–they are all on a pilgrimage to the Holy Land, but the journey is filled with unexpected detours and unanticipated disaster. Among them is Laish, a fifteen-year-old orphan, through whose eyes we observe the interactions within this ragtag group of dreamers, holy men, misfits, and thieves as they battle with one another, try to stay one step ahead of the gendarmes, and do what little they can to keep up their flagging spirits. With the death of the rabbi who brought the group together, they are now led by men whom Laish refers to as “the dealers”–black-market traders whose motives are questionable but who periodically infuse the group with the money they need to get to the next town. Years pass, tempers start to fray, and the caravan grows smaller as people die or abandon the venture. A brutal winter and typhoid epidemic further decimate the ranks, and the pilgrims have begun to reach the limits of their endurance. The dream of Jerusalem keeps the remnant going, and against all odds they finally arrive–emotionally and physically exhausted–at the port city of Galacz. They see their ship in the harbor, but whether they will actually make it onto that ship is suddenly and tragically thrown into doubt. This magnificent new novel from Aharon Appelfeld (“One of the greatest writers of the age” —The Guardian) resonates with a universality of experience: the will to survive, the struggle to hold on to hope.
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.
English translations of modern legal documents from the Judean Desert cast light on the Islamization of the tribal customary law in the tribal judge s precinct. This book is intended for students of Islamic law, of customary law and comparative law, legal, social and economic historians, and Arabists.
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
This volume comprising annotated translations of court decisions focuses on the interaction between the sharīʿa and tribal law as reflected in 72 protocols pertaining to personal status, homicide and bodily injury, etc. issued by Libyan sharīʿa courts approximately during the period 1930-1970.
The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodified Islamic law, state control of public morals, and on Sudanese society and economy. The focus of attention here is the judge as an instrument for implementing the government's Islamist policy by means of expanded judicial discretion based on a synthesis of traditional Islamic and modern non-Islamic sources of law. The book is intended for Islamists, legal historians, and lawyers.
This volume comprising annotated translations of court decisions focuses on the interaction between the shari?a and tribal law as reflected in 72 protocols pertaining to personal status, homicide and bodily injury, etc. issued by Libyan shari?a courts approximately during the period 1930-1970.
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