Browse results

You are looking at 1 - 10 of 29 items for :

  • Legal History x
  • International Law x
  • Islamic Law x
  • All content x
Clear All

Ottoman Law of War and Peace

The Ottoman Empire and Its Tribute-Payers from the North of the Danube. Second Revised Edition

Viorel Panaite

Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.

Possessed by the Right Hand

The Problem of Slavery in Islamic Law and Muslim Cultures

Series:

Bernard K. Freamon

In Possessed by the Right Hand, the first comprehensive legal history of slavery in Islam ever offered to readers, Bernard K. Freamon, an African-American Muslim law professor, provides a penetrating analysis of the problems of slavery and slave-trading in Islamic history. After examining the issues from pre-Islamic times through to the nineteenth century, Professor Freamon considers the impact of Western abolitionism, arguing that such efforts have been a failure, with the notion of abolition becoming nothing more than a cruel illusion. He closes this ground-breaking account with an examination of the slaving ideologies and actions of ISIS and Boko Haram, asserting that Muslims now have an important and urgent responsibility to achieve true abolition under the aegis of Islamic law.

Law and Division of Power in the Crimean Khanate (1532-1774)

With Special Reference to the Reign of Murad Giray (1678-1683)

Series:

Natalia Królikowska-Jedlińska

The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate’s political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.

Series:

Carolyn Baugh

In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.

Droit musulman et société au Sahara prémoderne

La justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe – XIXe siècles

Series:

Ismail Warscheid

La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d’une analyse de recueils de fatwas inédits et d’autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L’ouvrage explore la diffusion d’institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l’interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l’application de la charia par les cadis et muftis locaux et s’interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l’écriture notariale et de la consultation juridique.

Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?

Politics of Honor in Ottoman Anatolia

Sexual Violence and Socio-Legal Surveillance in the Eighteenth Century

Series:

Başak Tuğ

In Politics of Honor, Başak Tuğ examines moral and gender order through the glance of legal litigations and petitions in mid-eighteenth century Anatolia. By juxtaposing the Anatolian petitionary registers, subjects’ petitions, and Ankara and Bursa court records, she analyzes the institutional framework of legal scrutiny of sexual order. Through a revisionist interpretation, Tuğ demonstrates that a more bureaucratized system of petitioning, a farther hierarchically organized judicial review mechanism, and a more centrally organized penal system of the mid-eighteenth century reinforced the existing mechanisms of social surveillance by the community and the co-existing “discretionary authority” of the Ottoman state over sexual crimes to overcome imperial anxieties about provincial “disorder”.