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Translator:
Dialogues for the Future provides a sneak peek at the long philosophic journey of the renowned Arab scholar Taha Abderrahmane. The author looks at different thorny issues such as traditions, philosophy, ethics, globalization, and logic through a local prism that is not directedly tainted by the Western epistemic and ontological worldview. While seemingly addressing audiences with a background in the philosophy of language and Islamic philosophy, Taha’s intellectual project tackles many questions that wider readerships might have about the Muslims’ and Arabs’ contribution to knowledge in the past and present. The translator’s introduction “on Dialogue, Ethics and Traditions” contextualizes Taha’s book within the plethora of his academic work, allowing English-speaking readers to engage with the open canvas of dialogue Taha has resiliently initiated.
Dialogues for the Future provides a sneak peek at the long philosophic journey of the renowned Arab scholar Taha Abderrahmane. The author looks at different thorny issues such as traditions, philosophy, ethics, globalization, and logic through a local prism that is not directedly tainted by the Western epistemic and ontological worldview. While seemingly addressing audiences with a background in the philosophy of language and Islamic philosophy, Taha’s intellectual project tackles many questions that wider readerships might have about the Muslims’ and Arabs’ contribution to knowledge in the past and present. The translator’s introduction “on Dialogue, Ethics and Traditions” contextualizes Taha’s book within the plethora of his academic work, allowing English-speaking readers to engage with the open canvas of dialogue Taha has resiliently initiated.
Studies in the Legal History of the Modern Middle East and North Africa
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Studies in the Legal History of the Modern Middle East and North Africa
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. An Edition of Three Manuscripts from the Ancient Library of Raqqada-Kairouan Attributed to al-Asadiyya: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
The Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. An Edition of Three Manuscripts from the Ancient Library of Raqqada-Kairouan Attributed to al-Asadiyya: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
Negotiating Legal Muslim Marriage in Pasuruan, East Java
In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Negotiating Legal Muslim Marriage in Pasuruan, East Java
In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Studies in Islamic Law and Society accommodates monographs, collections of essays, critical editions of texts with annotated translation, and reference works whose subject-matter lies within the field of classical and modern Islamic law. Both the study of legal texts and legal discourse and the study of the social circumstances in which law has been and is being shaped - the reciprocity of influence of law on society and society on law - are integral to the series, and works representing either type of study or both will be considered for inclusion. Studies in Islamic Law and Society provides a focal point for scholars researching Islamic law both as a medium in its own right and as a phenomenon inviting historical and social analysis.
The series Arab and Islamic Laws Series has been discontinued since 2005 and is followed by the series Brill's Arab and Islamic Laws Series. For more information on Brill's Arab and Islamic Laws Series click here.
Editor:
About the Yearbook of Islamic and Middle Eastern Law
Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries as well as international legal developments in the region.
Please click here for the online version including the abstracts of the articles of The Yearbook of Islamic and Middle Eastern Law.
The publication's practical features include:
- articles on current topics,
- country surveys reflecting important new legislation and amendments to existing legislation per country,
- the text of a selection of documents and important court cases,
- a notes and news section, and
- book reviews.
The Yearbook’s editor welcomes any suggestions from scholars for articles, country surveys, book reviews and case notes. Please feel free to contact us at: yimel@soas.ac.uk.
The Yearbook should be cited as YIMEL.
Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries as well as international legal developments in the region.
Please click here for the online version including the abstracts of the articles of The Yearbook of Islamic and Middle Eastern Law.
The publication's practical features include:
- articles on current topics,
- country surveys reflecting important new legislation and amendments to existing legislation per country,
- the text of a selection of documents and important court cases,
- a notes and news section, and
- book reviews.
The Yearbook’s editor welcomes any suggestions from scholars for articles, country surveys, book reviews and case notes. Please feel free to contact us at: yimel@soas.ac.uk.
The Yearbook should be cited as YIMEL.
Abstract
Despite a growing reliance on quantitative methods in the study of mena politics globally, political scientists from the region have broadly resisted such trends. While mena scholars should not be beholden to methodological trends in other regions, there is a need to provide students with an interest in quantitative methods opportunities to receive such training in Arabic. The Summer School for Quantitative Methods was a virtual five-day program offered by the Arab Political Science Network (apsn) and the Doha Institute for Graduate Studies from May 29 to June 2, 2022. The primary aim of ssqm was to address the gap noted above and introduce political science graduate students from the Arabic-speaking world to quantitative empirical analysis. The program accomplished its immediate goals, and the application process showed a significant demand for training in quantitative methods in the region, yet future projects should take into consideration the considerable challenges we faced.
Established at the School for Oriental and African Studies in London in 1990, the Centre for Islamic and Middle Eastern Law (CIMEL) promotes the study and understanding of Islamic law and modern Middle East legal systems. Over the years, the Centre has developed a vast network of practitioners and scholars who participate in seminars and conferences on highly topical legal issues in the Middle East. By engaging this network, CIMEL has created an important forum for discussion on these issues. The CIMEL Book Series reflects these unique discussions-on such topics as on the legal aspects of the peace process or the role of the courts in the preservation of human rights-and also includes monographs on related topics by leading experts in the field.
Abstract
At the beginning of the 2010s, several Arab countries seemed about to follow the model of Turkey, with an electoral victory of Islamist parties in a context of democratization. A decade later, Turkish akp has turned authoritarian, and the Moroccan and Tunisian Islamist parties have lost both access to governmental office and a large part of their electoral appeal. In this context, lessons can be learned from the early failed democratic experience in Algeria (1989–1992), and from the evolution of its Islamist movements since then.
From these four case studies, the contributors of this issue investigate the notions of moderation and inclusion, and their interrelations. Their articles build on the current trends within literature by taking into account the variety of Islamist movements, and their incorporation within different national trajectories. These articles contribute to the academic discussion by bringing new facts and ideas regarding this topic of inclusion-moderation.