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Author: Irene Schneider
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
Space and Religious Hierarchy in Ibn al-Qayyim’s Aḥkām ahl al-dhimma
Antonia Bosanquet’s Minding Their Place is the first full-length study of Ibn al-Qayyim’s (d. 751/1350) collection of rulings relating to non-Muslim subjects, Aḥkām ahl al-dhimma. It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the author’s personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyim’s presentation of rulings in Aḥkām ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyim’s broader theological world-view.
A Study of Birgivī Meḥmed Efendī’s al-Ṭarīqa al-muḥammadiyya
In Virtue, Piety and the Law Katharina Ivanyi examines Birgivī Meḥmed Efendī’s (d. 981/1573) al-Ṭarīqa al-muḥammadiyya, a major work of pietist exhortation and advice, composed by the sixteenth-century Ottoman jurist, Ḥadīth scholar and grammarian, who would articulate a style of religiosity that had considerable reformist appeal into modern times.

Linking the cultivation of individual virtue to questions of wider political, social and economic concern, Birgivī played a significant role in the negotiation and articulation of early modern Ottoman Ḥanafī piety. Birgivī’s deep mistrust of the passions of the human soul led him to prescribe a regime of self-surveillance and control that was only matched in rigor by his likewise exacting interpretation of the law in matters of everyday life, as much as in state practices, such as the cash waqf, Ottoman land tenure and taxation.
Egyptian and Islamic Law: Selected Essays
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.

Abstract

This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.

In: Arab Law Quarterly
Authors: Tareq Moqbel and Habib Ahmed

Abstract

Although the key distinguishing feature of Islamic finance is compliance with Sharīʿah, there is criticism from various quarters on the Sharīʿah compliance of its products. However, there is no objective way to assess the Sharīʿah compliance of Islamic financial contracts. This article develops a structured framework for analysing Sharīʿah compliance of Islamic financial contracts by deconstructing them and developing principles of evaluation based on concepts from Islamic legal theory. Other than providing a framework to assess Sharīʿah compliance of Islamic financial contracts, this article also alludes to an important issue regarding the contracts’ flexibility. Using concepts from Islamic legal theory, the article classifies different contractual stipulations according to their legal weight, and identifies how legal perspectives on the requirements of compliance can determine the flexibility of contracts. An evaluative framework is used to assess the Sharīʿah compliance of an actual muḍārabah (silent partnership) contract and finds it to be defective.

In: Arab Law Quarterly
In: Sharia, Justice and Legal Order
In: Sharia, Justice and Legal Order
In: Sharia, Justice and Legal Order
In: Sharia, Justice and Legal Order