Sharia, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Sharia and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of a more recent period, such as in Nigeria and, also, Egypt. The book’s historical studies are based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Islam at 250. Studies in Memory of G.H.A. Juynboll is a collection of original articles on the state of Islamic sciences and Arabic culture in the early phases of their crystallization. It covers a wide range of intellectual activity in the first three centuries of Islam, such as the study of ḥadīth, the Qurʾān, Arabic language and literature, and history. Individually and taken together, the articles provide important new insights and make an important contribution to scholarship on early Islam. The authors, whose work reflects an affinity with Juynboll's research interests, are all experts in their fields. Pointing to the importance of interdisciplinary approaches and signalling lacunae, their contributions show how scholarship has advanced since Juynboll's days.
With this work, Justyna Nedza presents the first comprehensive analysis of the theologically charged legal practice of “declaring someone an unbeliever” (
takfir) in militant Salafist thought. Her investigation zooms in on the role of
takfir in the formal legitimization of militant
jihad against government institutions. Investigating both the Egyptian and Saudi Arabian case, Nedza demonstrates the importance of the regional context in shaping consistent legal arguments for the legitimacy of
takfir of collectives. The careful analysis of the arguments of four selected militant Salafist authors brings out that this contextuality plays also a decisive role for the respective textual references, as well as shaping the conclusions drawn by the Egyptian and Saudi Arabian authors, respectively.
In dieser Arbeit präsentiert Justyna Nedza die erste umfassende Analyse der theologisch aufgeladenen Rechtspraxis des „Apostasievorwurfs“ (
takfīr) im Milieu des militanten „Salafismus“. Dabei liegt ein besonderer Fokus auf der rechtlichen Begründung von gewaltsamen Widerstand (
ǧihād) gegen staatliche Organe in muslimischen Mehrheitsgesellschaften, sowie die hiermit verbundene Ausweitung dieses Rechtsmittels vom Individuum auf Kollektive. Anhand der komparatistischen Untersuchung der Schriften von vier ausgewählten Autoren aus Ägypten und Saudi-Arabien zeigt Nedza, dass deren divergenter nationaler Kontext eine entscheidende Rolle sowohl für ihre jeweiligen textlichen Referenzrahmen als auch ihre entsprechenden Schlussfolgerungen spielt. Damit wird die bisher weithin akzeptierte These vom “Salafismus” als global einheitlichem Phänomen auf den Prüfstand gehoben.
Maqālīd al-ʿulūm (Keys to the Sciences) is a significant source on definitions of Arabic scientific terms in the post-classical period. Composed by an anonymous author, it contains over eighteen hundred definitions in the realm of twenty-one religious, literary, and rational sciences. The work was dedicated to the Muzaffarid Shāh Shujāʿ, who ruled over Shiraz and its neighbouring regions from 759/1358 to 786/1384. The present volume contains a critical edition of
Maqālīd al-ʿulūm based on its three extant manuscripts. In the introduction, the editors review previous scholarship on the text, present an overview of patronage at the court of Shāh Shujāʿ and identify some of the sources used by the author of the work. They suggest that the work in its structure mirrors Abū ʿAbdullāh Khwārazmī’s
Mafātīḥ al-ʿulūm, completed in 366/976.
Migrating Words, Migrating Merchants, Migrating Law examines the connections that existed between merchants’ journeys, the languages they used and the development of commercial law in the context of late medieval and early modern trade. The book, edited by Stefania Gialdroni, Albrecht Cordes, Serge Dauchy, Dave De ruysscher and Heikki Pihlajamäki, takes advantage of the expertise of leading scholars in different fields of study, in particular historians, legal historians and linguists. Thanks to this transdisciplinary approach, the book offers a fresh point of view on the history of commercial law in different cultural and geographical contexts, including medieval Cairo, Pisa, Novgorod, Lübeck, early modern England, Venice, Bruges, nineteenth century Brazil and many other trading centers.
Contributors are Cornelia Aust, Guido Cifoletti, Mark R. Cohen, Albrecht Cordes, Maria Fusaro, Stefania Gialdroni, Mark Häberlein, Uwe Israel, Bart Lambert, David von Mayenburg, Hanna Sonkajärvi, and Catherine Squires.
Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences.
Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.
Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (
uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of
Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of
This Fieldnote challenges scholars of Islam and Muslims to consider how the production of knowledge on Islam and Muslims has long been, and continues to be, intimately associated with projects of governance, whether by the modern state or premodern regime. The present is simply a particularly robust historical period during which, wherever one might stand on the political spectrum, the study of Islam is undertaken in the shadow of the state—a disaggregated project of law and justice, border control, national security, and regulation. This Fieldnote recasts Islam and Muslim in an adjectival sense—‘Islamic’ and ‘Muslim’—in order to highlight their variability in relation to the purposes for which they are deployed. To better understand the dynamics by which the ‘Islamic’ is deployed for purposes of state projects, this Fieldnote outlines four registers of analysis—time, space, scale, and rhetoric—to inspire new research on the production of knowledge in the academic study of Islam and Muslims today.