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Studies in Islamic Historiography

Essays in Honour of Professor Donald P. Little

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Edited by Sami G. Massoud

This book offers students and scholars an introduction to and insight into the wealth of historiographies produced in various Muslim milieus. Four articles deal with the classical period: archaeology and history in early Islamic Amman; an analysis of sources dealing with Muwaḥḥid North Africa; al-Maqrizī’s prosopographical production; the rise of early Ottoman historiography. Three examine sacred history as historiography: in 10th century Fatimid Egypt; in the 16th century Indian Chishtī Sufi milieu; and in the Sino-Muslim Confucian tradition in Qing China. The final two articles provide fresh approaches to historiography by respectively looking into the sijils of Ottoman Cairo as historical sources and by highlighting the regional approach to the writing of the history of the Indian Ocean. Contributors: Frédéric Bauden, Heather J. Empey, Derryl MacLean, Sami G. Massoud, Murat Cem Mengüç, Reem Meshal, Hyondo Park, Patricia Risso, Shafique N. Virani and Michael Wood.

Warriors, Martyrs, and Dervishes

Moving Frontiers, Shifting Identities in the Land of Rome (13th-15th Centuries)

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Buket Kitapçı Bayrı

Warriors, Martyrs, and Dervishes: Moving Frontiers, Shifting Identities in the Land of Rome (13th-15th Centuries) focuses on the perceptions of geopolitical and cultural change, which was triggered by the arrival of Turkish Muslim groups into the territories of the Byzantine Empire at the end of the eleventh century, through intersecting stories transmitted in Turkish Muslim warrior epics and dervish vitas, and late Byzantine martyria. It examines the Byzantines’ encounters with the newcomers in a shared story-world, here called “land of Rome,” as well as its perception, changing geopolitical and cultural frontiers, and in relation to these changes, the shifts in identity of the people inhabiting this space. The study highlights the complex relationship between the character of specific places and the cultural identities of the people who inhabited them.

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Edited by Oliver Scharbrodt, Samim Akgönül, Ahmet Alibašić, Jørgen S. Nielsen and Egdunas Racius

From Volume 7 onwards, new format with a more current and topical focus on a country level.

The Yearbook of Muslims in Europe is an essential resource for analysis of Europe's dynamic Muslim populations. Featuring up-to-date research from forty-three European countries, this comprehensive reference work summarizes significant activities, trends, and developments.

Each new volume reports on the most current information available from surveyed countries, offering an annual overview of statistical and demographic data, topical issues of public debate, shifting transnational networks, change to domestic and legal policies, and major activities in Muslim organisations and institutions. Supplementary data is gathered from a variety of sources and evaluated according to its reliability.

In addition to offering a relevant framework for original research, the Yearbook of Muslims in Europe provides an invaluable source of reference for government and NGO officials, journalists, policy-makers, and related research institutions.

Ahmad Mohammed al-Darbas and Mohammed Ebrahem al-Wasmi

Abstract

This article intends to present the significance of mortgage financing in emerging markets and explain how mortgage financing affects positively the economies of emerging countries. It will also show the legal foundations of the real-estate mortgage law and the prerequisites for a successful mortgage financing system. This article intends to define the main challenges that some consider a hindrance to the development of the mortgage market in the Arabian Gulf countries. From this perspective, a brief comparative analysis of mortgage financing will focus on varying laws and regulations that apply to real-estate mortgages in the Gulf region. Implications for the development of the mortgage market in Arabian Gulf countries will be based on challenges in the mortgage market.

Heba Sewilam

Abstract

The post-colonialist academic discourse blames colonialism for the marginalisation of Sharī‘a in the legal systems of Sunnī Muslim-majority countries. However, an analysis of some juristic debates around the Sunnī doctrinal theories of uṣūl al-fiqh and maqāṣid al-sharīʿa exposes few of the theories’ internal problems accounting for the marginalisation. In uṣūl al-fiqh, disputes regarding ijmāʿ and qiyās virtually bring their effectiveness as legal doctrines for positive law legislation to a halt. With regard to maqāṣid al-sharīʿa, an Ašʿarī adherence to a literal reading of the text reduces its potential to produce new Sharī‘a-compliant laws. Such problems render uṣūl al-fiqh and maqāṣid al-sharīʿa ineffective instruments for regulating accelerated legal changes demanded by fast-paced societal and scientific developments and deem the application of Sharīʿa in Sunnī Muslim-majority countries a task neither possible nor even recommended.

Mohammad Nsour

Abstract

This article provides an analysis of outward foreign direct investment (FDI) trends from Turkey in light of the UAE’s interests. The key objective is to present a concise picture of Turkish FDI and of the opportunities within selected sectors in the UAE. Pursuant to this analysis, the article enumerates various challenges the UAE legal system poses to foreign investment. It then offers recommendations for how the UAE can mitigate these challenges without compromising its legal and economic regimes.

Haider Ala Hamoudi

Reyadh Mohamed Seyadi

Abstract

One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.

Emad Abdel Rahim Dahiyat

Abstract

Although e-commerce is growing at a dramatic rate, there are still areas of concern that need to be addressed adequately by the legislation in order to promote trust in e-commerce and remove any barriers to its full development. This paper thus explores the existing legislation in UAE to determine whether or not this legislation gives due attention to consumer protection in an online environment. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to enhance legal certainty as well as maintain the credibility of the Internet as a market place for consumers.

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David Bramoullé

The Fatimids (10th - 12th centuries C.E) are known to have been the first Shiite caliphal dynasty and to have founded Cairo, the city that became their capital in 973 when they left Tunisia for Egypt. During their reign, the Fatimids built an effective war fleet that inflicted several defeats on Christian navies. This is the first study on the Fatimid naval force and, more generally, on the role of the sea for the Fatimids whose territories touched both the Mediterranean and the Red Sea. The documentation presented in this study demonstrates how, in the course of two centuries, this Ismaeli dynasty set up a maritime policy and developed a communication strategy in which their control of the sea helped legitimize their universalist claims against competing powers. Les Fatimides (10e -12e s. ap. J.-C) sont connus pour avoir été la première dynastie califale chiite et pour avoir fondé Le Caire qui devint leur capitale à partir de 973 lorsque la dynastie quitta la Tunisie actuelle pour s’installer en Egypte et prendre possession d’un empire qui s’étendait de l’Algérie orientale jusqu’à la Syrie en passant par la Sicile et certains territoires de la péninsule arabique. Durant leur règne, ils disposèrent d’une flotte de guerre efficace qui infligea plusieurs défaites aux marines chrétiennes. Au-delà de la chronologie des batailles navales, aucune étude n’existait sur le rôle de cette force navale et plus généralement sur le rôle de la mer pour les Fatimides dont les territoires touchaient à la fois la Méditerranée et la mer Rouge. La documentation met pourtant en évidence que sur durant plus de deux siècles, les Fatimides mirent en place une politique maritime qui dépassait largement les considérations militaires. Ils développèrent ainsi une stratégie de communication dans laquelle la mer jouait un rôle majeur pour à la fois légitimer les prétentions universalistes de cette dynastie ismaélienne face à des pouvoirs concurrents et pour lui permettre de survivre.