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Edited by John Bowen and Arskal Salim

In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.

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al-ʿAllāmah al-Ḥillī

Edited by Sayyid Amjad Hussain Shah Naqavi

Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi.
Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.

Islam and the Limits of the State

Reconfigurations of Practice, Community and Authority in Contemporary Aceh

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Edited by R. Michael Feener, David Kloos and Annemarie Samuels

This book examines the relationship between the state state implementation of Shariʿa and diverse lived realities of everyday Islam in contemporary Aceh, Indonesia. With chapters covering topics ranging from NGOs and diaspora politics to female ulama and punk rockers, the volume opens new perspectives on the complexity of Muslim discourse and practice in a society that has experienced tremendous changes since the 2004 Indian Ocean tsunami. These detailed accounts of and critical reflections on how different groups in Acehnese society negotiate their experiences and understandings of Islam highlight the complexity of the ways in which the state is both a formative and a limited force with regard to religious and social transformation.

Contributors are: Dina Afrianty, R. Michael Feener, Kristina Groβmann, Reza Idria, David Kloos, Antje Missbach, Benjamin Otto, Jan-Michiel Otto, Annemarie Samuels and Eka Srimulyani.

The Negotiability of Debt in Islamic Finance

An Analytical and Critical Study

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Abdulaziz Ahmed Almezeini

The challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies.
Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.

Dispensing Justice in Islam

Qadis and their Judgements

Edited by Muhammad Khalid Masud, Rudolph Peters and David Powers

Dispensing Justice is designed to serve as a sourcebook of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history.

Women in Classical Islamic Law

A Survey of the Sources

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Susan Spectorsky

Drawing on legal and ḥadīth texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women’s issues. All assumed a woman would marry and thus the book concentrates on women’s family life.
The introduction establishes the historical framework within which the jurists worked. A chapter on Qurʾān verses devoted to women’s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women’s lives in and outside their homes. Throughout, jurists’ opinions are juxtaposed with relevant quotations from contemporaneous ḥadīth collections.

Intent in Islamic Law

Motive and Meaning in Medieval Sunnī Fiqh

Paul Powers

This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari’a, and they employ a variety of means and terms to assess and categorize subjective states.
Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language.
This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.

Islamic Law and Finance

Religion, Risk, and Return

Frank Vogel and Samuel Hayes

Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest (riba) and speculation (gharar). Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Raja Shehadeh

This book represents an in-depth legal analysis of the lengthly and complicated agreements signed between Israel and the PLO. The legal and administrative developments that took place in the Palestinian areas over the past twenty years are surveyed and closely analysed, providing the background essential to an understanding of the agreements signed between Israel and the PLO. The negotiation process is critically considered and the pot-agreement legislation is reviewed. There is an analyses of the legal developments in the areas under the Palestinian Authority which is the first of its kind. The book has appendices which include military orders and proclamations, letters and negotiation documents which have not been previously published.