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Islamic Law in Africa

A survey of the extent to which Islamic law is applied in those parts of East and West Africa which were at one time under British administration.

A survey of the extent to which Islamic law is applied in those parts of East and West Africa which were at one time under British administration.

Crime and Punishment in Islamic Law

Theory and Practice from the Sixteenth to the Twenty-First Century

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

The Origins and Evolution of Islamic Law

Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.

This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms.

Politics, Law, and Community in Islamic Thought

The Taymiyyan Moment

This study reassesses the influence and philosophy of Ibn Taymiyya, one of the greatest medieval Islamic theologians.

Conclusion The first century or so of Islam can rightly be understood as the era of
politics. Islam's nascent but triumphant community faced its many challenges with
practical reason and missionary zeal. In the qur'anic ideal, the Community of ...

Islamic Law of the Sea

Freedom of Navigation and Passage Rights in Islamic Thought

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

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.

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 ...

Law and Piety in Medieval Islam

The Ayyubid and Mamluk periods were two of the most intellectually vibrant in Islamic history. Megan H. Reid's book, which traverses three centuries from 1170 to 1500, recovers the stories of medieval men and women who were renowned not only for their intellectual prowess but also for their devotional piety. Through these stories, the book examines trends in voluntary religious practice that have been largely overlooked in modern scholarship. This type of piety was distinguished by the pursuit of God's favor through additional rituals, which emphasized the body as an instrument of worship, and through the rejection of worldly pleasures, and even society itself. Using an array of sources including manuals of law, fatwa collections, chronicles, and obituaries, the book shows what it meant to be a good Muslim in the medieval period and how Islamic law helped to define holy behavior. In its concentration on personal piety, ritual, and ethics the book offers an intimate perspective on medieval Islamic society.

Introduction Devotional Piety and Islamic Law Ahmad Ibn Taymiyya, the famous
fourteenth-century jurist known today as the watchdog of Islamic orthodoxy, had a
brother named 'Abd Allah, Who appears in medieval biographical dictionaries ...

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.