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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.

Qurʾān Quotations Preserved on Papyrus Documents, 7th-10th Centuries

And The Problem of Carbon Dating Early Qurʾāns

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Edited by Andreas Kaplony and Michael Marx

Qurʾān Quotations Preserved on Papyrus Documents, 7th-10th Centuries is the first book on the Qurʾān’s Sitz im Leben, i.e. on how the Qurʾān was quoted in Arabic original letters, legal deeds, and amulets. Qurʾān Quotations also serves as an in-depth exploration of the radiocarbon dating of documents and Qurʾānic manuscripts.

Contributors: Ursula Bsees; Tobias J. Jocham; Andreas Kaplony; Michael Josef Marx, Daniel Potthast; Leonora Sonego; Eva Mira Youssef-Grob.

Possessed by the Right Hand

The Problem of Slavery in Islamic Law and Muslim Cultures

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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.

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Hiroyuki Yanagihashi

This book is dedicated to an analysis of seven groups of hadiths related to matters ranging from the rules concerning water used for ablution to those concerning the proof of facts in a qadi court. It has three main purposes. The first is to clarify the processes by which hadiths on a given topic were formed and developed by analyzing their isnāds and matns and by comparing them with expositions of positive law in legal manuals. Second, it seeks to explain why many hadiths exist in multiple variants and to detect the perception of traditionists about the revision of hadiths. The third purpose is to propose a methodology to estimate the extent to which traditionists accepted hadiths on a particular topic.

Waqf in Zaydī Yemen

Legal Theory, Codification, and Local Practice

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Eirik Hovden

Islamic foundations ( waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen.

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

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

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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.

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Damaris Wilmers

In Beyond Schools: Muḥammad b. Ibrāhīm al-Wazīrʼs (d. 840/1436) Epistemology of Ambiguity, Damaris Wilmers provides the first extensive analysis of Ibn al-Wazīrʼs thought and its role in the “Sunnisation of the Zaydiyya”, emphasizing its significance for conflicts between schools of thought and law beyond the Yemeni context. Contrasting Ibn al-Wazīrʼs works with those of his Zaydi contemporary Aḥmad b. Yaḥyā b. al-Murtaḍā, Damaris Wilmers offers a study of a number of heretofore unedited texts from 9th/15th century Yemen when Zaydi identity was challenged by an increasing theological and legal diversity. She shows how Ibn al-Wazīr, who has been classed with different schools, actually de-emphasized school affiliation and developed an integrative approach based on a unique theory of knowledge.

Dār al-Islām Revisited

Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West

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Sarah Albrecht

Where is dār al-islām, and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West, Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām, the “territory of Islam,” dār al-ḥarb, the “territory of war,” and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.

The Corsairs’ Longest Voyage

The Turkish Raid in Iceland 1627

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Þorsteinn Helgason

During the summer of 1627, corsairs from Algiers and Salé, Morocco, undertook the long voyage to Iceland where they raided the eastern and southern regions of the country, resulting in the deaths of around thirty people, and capturing about 400 further individuals who were sold on the slave markets. Around 10% of the captives were ransomed the next twenty years, mostly through the efforts of the Danish monarchy.
In this volume, the history of these extraordinary events and their long-lasting memory are traced and analysed from the viewpoints of maritime warfare, cultural encounters and existential options, based on extensive use of various sources from several languages.

Law and Property in Algeria

Anthropological Perspectives

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Edited by Yazid Ben Hounet

In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study.

Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.