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Islamic Law in Action

Authority, Discretion, and Everyday Experiences in Mamluk Egypt

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Dispensing Justice in Islam, 1–44; Hallaq, The Origins and Evolution of Islamic
Law, 57–101. For an introduction to the position of mufti, see Masud, Messick,
and Powers, “Muftis, Fatwas, and Islamic Legal Interpretation,” in idem (eds.),
Islamic ...

Introduction to Islamic Law

Principles of Civil, Criminal, and International Law under the Shari‘a

“I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.

Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and ...

Concise Description of Islamic Law and Legal Opinions

Islam is an all inclusive way of life which covers the intellectual and the real, the theoretical and the practical. The major part of the Islamic code of practice and behaviour is formalised in the discipline of Islamic law which established itself as a discipline before other Islamic disciplines. The early Muslim jurisconsultants are to be credited as the pioneers of the development of the Islamic legal system. Shaikh Mohammad ibn Hasan ibn Ali Abu Ja'far al-Tusi (385-460AH/995-1067AD), who was given the honorary title of Shaikh al-Taifat al-Imamiyyah (The Head of the Shia Islamic School) was at the forefront of these pioneers. This book has been recognised as one of the major early sources, references and textbooks in the field of Islamic Law in general and of Shi'a Islamic law in particular. The book has been translated, edited and introduced by Professor A Ezzati.

Written by one of the pioneers of the development of the Islamic legal system, Sheikh Mohammad ibn Hasan ibn Ali Abu Jafar al-Tusi, this work was recognised as one of the major early sources of, references for, and textbooks on Islamic law ...

Islamic Law (RLE Politics of Islam)

Social and Historical Contexts

This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.

The division of primary heirs into ranked classes based upon categories of
ascendants, des— cendants, and lateral relations which succeed in turn is, as we
haw2seen, not without parallel in the legal systems of late Antiquity. It bears a
certain ...

Disability in Islamic Law

The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.

The general Islamic ethics of life as it emerges from the Qur'an and the Sunna,
and the spirit of Islamic law, emphasize the importance of the preservation of the
wholeness and dignity of the human body. From a theological point of view a ...

Islamic Law and the Challenges of Modernity

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

Understanding Islamic Law

From Classical to Contemporary

Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

The Islamic Law of Nations

Shaybani's Siyar

From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.

Islamic Law and the Law of Nations Islam and the Community of Nations The
modern law of nations presupposes the existence in the world of sovereign
territorial groups gathered together to form a community of nations, each
possessing its ...

Origin and Development of Islamic Law

The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States.

A History of Islamic Law

The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.

The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.