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Islam, Law, and Equality in Indonesia

An Anthropology of Public Reasoning

This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

worship , to be encouraged as a genuine source and means of piety ; and Islam
as politics , repellent to Snouck Hurgronje and to some other Europeans . Islam
as politics contradicted European notions of what a liberal , civil society ought to ...

In the House of the Law

Gender and Islamic Law in Ottoman Syria and Palestine

In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.

In the House of the Law examines how law, in both theory and practice, shaped gender roles in Palestine and Syria during the seventeenth and eighteenth centuries.

State, Society, and Law in Islam

Ottoman Law in Comparative Perspective

This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.

Islam and International Law

Engaging Self-Centrism from a Plurality of Perspectives

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

EDITORS AND CONTRIBUTORS Muddathir 'Abd al-Raḥīm is Professor of
Political Science and Islamic Studies at the International Institute of Islamic
Thought and Civilization (ISTAC/IIUM), Malaysia. Formerly, UNESCO Senior
Expert in ...

Islamic State Practices, International Law and the Threat from Terrorism

A Critique of the 'Clash of Civilizations' in the New World Order

In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.

2 The Sharia and Siyar in the Development of the Law of Nations
INTRODUCTION OUR EARLIER EXAMINATION has highlighted the complexities
inherent in enunciating absolute principles of the Sharia and the Siyar.1
Notwithstanding ...

The Secret(s) and Islam: The Ultimate Law of Change

Rival tribes lost in ignorance and ongoing battles, who worshiped idols, changed
what was within under the teachings of Islam and united as brothers and sisters
to achieve the highest forms of moral and spiritual standards. Then they lead the
 ...

Law and Islam in the Middle East

"Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself," asserts renowned Islamic law scholar Joseph Schacht. At a time when Islamic fundamentalism is flourishing, the relation of religion to law-related behavior needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle East nations. Eight chapters, contributed by experts in the field, and a cogent introduction by Dwyer deal with the practical intricacies of personal status law and assess law in the public domain.

A striking element in the cultural configurations that are grounded in Islam is the
primary place that law has within them. In Islam, law consists of a comprehensive
set of rules for human conduct as provided through Allah's command, with those
 ...

The Logic of Law Making in Islam

Women and Prayer in the Legal Tradition

This pioneering study examines the process of reasoning in Islamic law. By analyzing rulings from the Hanafi school, the author interrogates whether sacred law operated differently from secular law, why laws changed, and how different cultural and historical settings impacted on the development of legal rulings. The result is a fascinating overview of the evolution of Islamic law and the role of its jurists.

Introduction One sometimes encounters the idea that Islamic law captures the
spirit of Muslim civilization.1 It is thus not entirely unexpected to find a scholar
extracting sentences from the Qur'an, Hadith, or legal handbooks and thence ...

Islam, Law and Identity

The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

I. Secularism, religious faith and state law This collection invites the reader to turn
from the current obsession with the role of Islam in the modern world, and rethink
the relationship between law, faith and power; one of the most pressing ...

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 ...