Law, Custom, and Statute in the Muslim World

Studies in Honor of Aharon Layish

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This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them.
The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās, court decisions, judicial circulars, biographical dictionaries and chronics.
The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.

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Ron Shaham, Ph.D. (1992) in Islamic Studies, Hebrew University of Jerusalem, is a Senior Lecturer at the Hebrew University. Author of Family and the Courts in Modern Egypt (Brill, 1997), he has published extensively on Egyptian modern family law reform, and on the legal status of non-Muslims.
CONTENTS

Preface (Ron Shaham)
Introduction
Academic Autobiography (Aharon Layish)
List of Publications (Aharon Layish)

Chapter One The Mukhtaṣar of al-Khiraqī and its Place in the Formation of Ḥanbalī Legal Doctrine (Nimrod Hurvitz)
Chapter Two Law and Custom in the Maghrib, 1475–1500: On the Disinheritance of Women (David S. Powers)
Chapter Three Women as Expert Witnesses in Pre-Modern Islamic Courts (Ron Shaham)
Chapter Four Qāḍī, Muftī and Ruler: Their Roles in the Development of Islamic Law (Miriam Hoexter)
Chapter Five Ottoman Qāḍīs in Damascus during the 16th–18th Centuries (Michael Winter)
Chapter Six Patronage, Intervention and Violence in the Legal Process in Eighteenth-Century Salonica and its Province (Eyal Ginio)
Chapter Seven Archaic Forms of Contract in Max Weber’s Theories and in Arab and Somali Customary Law (Frank H. Stewart)
Chapter Eight Provincial Judges: The Sharī ʿa Judiciary of Mid-Twentieth-Century Yemen (Brinkley Messick)
Chapter Nine “All of Palestine is Holy Muslim Waqf Land”: A Myth and its Roots (Yitzhak Reiter)
Chapter Ten Legal Reform, Interpretive Communities and the Quest for Legitimacy: A Contextual Analysis of a Legal Circular (Ido Shahar)

List of Contributors
Bibliography
Index
Historians, social scientists and lawyers working on Islamic and Israeli laws, and those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.
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