Browse results

Author: Rudolph Peters
In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa 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 another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly 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.
Studies in Memory of G.H.A. Juynboll
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.

Contributors: Camilla Adang, Monique Bernards, Léon Buskens, Ahmed El Shamsy, Maribel Fierro, Aisha Geissinger, Geert Jan van Gelder, Claude Gilliot, Robert Gleave, Asma Hilali, Michael Lecker, Scott Lucas, Christopher Melchert, Pavel Pavlovitch, Petra M. Sijpesteijn, Roberto Tottoli, and Peter Webb.
The Problem of Slavery in Islamic Law and Muslim Cultures
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.

See Bernard Freamon live at Rutgers Law School (October 8, 2019).

Listen to Possessed by the Right Hand: An Interview with Prof. Bernard Freamon from Network ReOrient on Anchor
Legal Theory, Codification, and Local Practice
Author: 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.
In Islamic Leadership in the European Lands of the Former Ottoman and Russian Empires the history and contemporary development of Islamic leadership in over a dozen of Eastern European countries is analysed. The studies are presented through a double prism: the institutional structures of the Muslim communities and the place of the muftiates in the current national constellations on one hand, and the dimension of the spiritual guidance emanating from the muftiates on the other. The latter includes aspects such as the muftiates’ powers and role in supervision of mosques and other religious institutions, production, dissemination and control of religious knowledge and discussions on traditional and non-traditional forms of Islam engaged in by the muftiates.

This is the first comprehensive edited volume on the subject.

Contributors are: Srđan Barišić, Ayder Bulatov, Marko Hadjdinjak, Olsi Jazexhi, Memli Sh. Krasniqi, Armend Mehmeti, Dino Mujadžević, Agata S. Nalborczyk, Egdūnas Račius, Aziz Nazmi Shakir, Vitalii Shchepanskyi, Jakob Skovgaard-Petersen, Daša Slabčanka, Aid Smajić, Irina Vainovski-Mihai, Mykhaylo Yakubovych, and Galina Yemelianova.
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents.

Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī
Author: Talal Al-Azem
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ) by which one opinion is chosen as the binding precedent ( taqlīd). The predominant forum of both activities, he shows, was the legal commentary.

Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.
In The Formation of the Islamic Understanding of kalāla in the Second Century AH (718-816 CE), Pavel Pavlovitch studies traditions ( ḥadīth) about the lexical and terminological meaning of the Quranic vocable kalāla. Attempts to understand kalāla began with acknowledging its unintelligibility but ultimately brought into existence a capacious body of interpretative ḥadīth, associated with early Islamic authorities. The analysis of these traditions affords insights into the changing conception of scripture during the first two Islamic centuries, the early history of Islamic exegesis and jurisprudence, and varying scholarly attitudes towards constituent sources of Islamic law. The book highlights the importance of coherent methodology of dating and reconstructing Muslim traditions according to their lines of transmission ( isnāds) and their narrative content ( matns).
The Arabo-Islamic heritage of the Islam is among the richest, most diverse, and longest-lasting literary traditions in the world. Born from a culture and religion that valued teaching, Arabo-Islamic learning spread from the seventh century and has had a lasting impact until the present.In The Heritage of Arabo-Islamic Learning leading scholars around the world present twenty-five studies explore diverse areas of Arabo-Islamic heritage in honor of a renowned scholar and teacher, Dr. Wadad A. Kadi (Prof. Emerita, University of Chicago). The volume includes contributions in three main areas: History, Institutions, and the Use of Documentary Sources; Religion, Law, and Islamic Thought; Language, Literature, and Heritage which reflect Prof. Kadi’s contributions to the field.

Contributors:Sean W. Anthony; Ramzi Baalbaki; Jonathan A.C. Brown; Fred M. Donner; Mohammad Fadel; Kenneth Garden; Sebastian Günther; Li Guo; Heinz Halm; Paul L. Heck; Nadia Jami; Jeremy Johns; Maher Jarrar; Marion Holmes Katz; Scott C. Lucas; Angelika Neuwirth; Bilal Orfali; Wen-chin Ouyang; Judith Pfeiffer; Maurice A. Pomerantz; Riḍwān al-Sayyid ; Aram A. Shahin; Jens Scheiner; John O. Voll; Stefan Wild.
There are over 275 Ottoman Turkish and Çaĝatay manuscripts in Canada, including more than 200 in the collection of Professor Eleazar Birnbaum. These are remarkable in terms of age (mostly 15th to 17th century) and subject range. The descriptions in this catalogue are unusually detailed: they include author, title, subject, contents, first and last words, date of manuscript, calligraphy, foliation, dimensions, and the location of similar manuscripts elsewhere. Among other special features are details of watermark designs in the paper (useful for dating undated manuscripts), descriptions of seals and notes of previous owners, and many colour illustrations. The catalogue also describes all Turkish manuscripts in the three other small Canadian collections: at the University of Toronto, McGill University (Montreal), and the Royal Ontario Museum.