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The relationship between rulers and their subjects is always channelled by emotion. This volume explores the specific tones this relationship took on in the Middle Ages, as well as their accordance with a concept of power based ultimately on agreement, an inclination to visualise emotions, a social pedagogy based on fear, and a religious ideology which placed humanity between divine order and divine wrath. It also examines the emotive models used to rule society and deal with conflicts. Together, the contributions in this book demonstrate how our understanding of late medieval society can be enhanced by recognising the emotional strategies present in the game of power and how they were used to build authority.
Contributors are: Alexandru Stefan Anca, Attila Bárány, Ulrike Becker, Luciano Gallinari, Sari Katajala-Peltomaa, Vinni Lucherini, Esther Martí Sentañés, Francesc Massip, Rob Meens, Tamás Olbei, Bernard Ribémont, Flocel Sabaté, and Hans-Joachim Schmidt.
Contributors are: Alexandru Stefan Anca, Attila Bárány, Ulrike Becker, Luciano Gallinari, Sari Katajala-Peltomaa, Vinni Lucherini, Esther Martí Sentañés, Francesc Massip, Rob Meens, Tamás Olbei, Bernard Ribémont, Flocel Sabaté, and Hans-Joachim Schmidt.
Volume Editor:
The relationship between rulers and their subjects is always channelled by emotion. This volume explores the specific tones this relationship took on in the Middle Ages, as well as their accordance with a concept of power based ultimately on agreement, an inclination to visualise emotions, a social pedagogy based on fear, and a religious ideology which placed humanity between divine order and divine wrath. It also examines the emotive models used to rule society and deal with conflicts. Together, the contributions in this book demonstrate how our understanding of late medieval society can be enhanced by recognising the emotional strategies present in the game of power and how they were used to build authority.
Contributors are: Alexandru Stefan Anca, Attila Bárány, Ulrike Becker, Luciano Gallinari, Sari Katajala-Peltomaa, Vinni Lucherini, Esther Martí Sentañés, Francesc Massip, Rob Meens, Tamás Olbei, Bernard Ribémont, Flocel Sabaté, and Hans-Joachim Schmidt.
Contributors are: Alexandru Stefan Anca, Attila Bárány, Ulrike Becker, Luciano Gallinari, Sari Katajala-Peltomaa, Vinni Lucherini, Esther Martí Sentañés, Francesc Massip, Rob Meens, Tamás Olbei, Bernard Ribémont, Flocel Sabaté, and Hans-Joachim Schmidt.
Author:
In Ethics and Analogy (Qiyās) in 5th/11th Century Islamic Legal Theory Felicitas Opwis presents how ʿAbd al-Jabbār, Abū l-Ḥusayn al-Baṣrī, al-Dabbūsī, al-Shīrāzī, and al-Juwaynī relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist’s approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazālī, toward understanding the purpose of the divine law as attaining people’s maṣlaḥa in this life, which enables extending the law outside of Scripture and supports Ashʿarī legal universalism.
Author:
In Ethics and Analogy (Qiyās) in 5th/11th Century Islamic Legal Theory Felicitas Opwis presents how ʿAbd al-Jabbār, Abū l-Ḥusayn al-Baṣrī, al-Dabbūsī, al-Shīrāzī, and al-Juwaynī relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist’s approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazālī, toward understanding the purpose of the divine law as attaining people’s maṣlaḥa in this life, which enables extending the law outside of Scripture and supports Ashʿarī legal universalism.
Volume Editor:
The life experiences of men and women take on meaning through the emotionality they entail: the intensity of these experiences build certain memories which link the individuals within a society. As such, this volume argues that examining the management of emotions in late-medieval society will allow us to better understand it. By discussing theoretical frameworks for the historical study of emotions and presenting a range of case studies from the Middle Ages, the authors of this book illustrate how the management of emotions reflects and sheds light on the code of values and behaviour that guided this society.
Volume Editor:
The life experiences of men and women take on meaning through the emotionality they entail: the intensity of these experiences build certain memories which link the individuals within a society. As such, this volume argues that examining the management of emotions in late-medieval society will allow us to better understand it. By discussing theoretical frameworks for the historical study of emotions and presenting a range of case studies from the Middle Ages, the authors of this book illustrate how the management of emotions reflects and sheds light on the code of values and behaviour that guided this society.
An Annotated Translation of Qawāʿid al-Taṣawwuf by Shaykh Aḥmad Zarrūq al-Fāsī (d. 899/1493)
Series:
Studies on Sufism, Volume: 10
Editor:
Ahmad Zarruq, a 15th-century North African Sufi, turned his considerable intellect towards integrating theology, Islamic law and the spiritual path. His model of a jurisprudentially-grounded Sufism is as relevant today as when he presented it to a mediaeval audience, using an aphoristic style tailored to his educated readership. The current growth of puritanical movements in the Islamic world makes Zarruq’s Foundations of Sufism a must-read for scholars, educators and those seeking to reconcile various interpretations of the faith. The author of this fresh translation, an Arabic and Classical Sufism scholar, consulted newly-discovered manuscripts in preparing his critical edition of this seminal work.
An Annotated Translation of Qawāʿid al-Taṣawwuf by Shaykh Aḥmad Zarrūq al-Fāsī (d. 899/1493)
Series:
Studies on Sufism, Volume: 10
Editor:
Ahmad Zarruq, a 15th-century North African Sufi, turned his considerable intellect towards integrating theology, Islamic law and the spiritual path. His model of a jurisprudentially-grounded Sufism is as relevant today as when he presented it to a mediaeval audience, using an aphoristic style tailored to his educated readership. The current growth of puritanical movements in the Islamic world makes Zarruq’s Foundations of Sufism a must-read for scholars, educators and those seeking to reconcile various interpretations of the faith. The author of this fresh translation, an Arabic and Classical Sufism scholar, consulted newly-discovered manuscripts in preparing his critical edition of this seminal work.
Inventing a New Universal Paradigm
Series:
Islamic Area Studies, Volume: 6
Author:
This book provides an in-depth picture of how Islamic finance, which began as a commercial practice half a century ago, has grown globally through the trials and errors of bankers and scholars, with analyses of various controversies (idea vs. reality, interest vs. profit etc.) within the financial industry and academia (Islamic economics) and its entanglement with the capitalism that Islamic finance has confronted. Furthermore, the post-capitalist potential of the Islamic economy will be discussed from the history and dynamism of the practice of Islamic finance.
Inventing a New Universal Paradigm
Series:
Islamic Area Studies, Volume: 6
Author:
This book provides an in-depth picture of how Islamic finance, which began as a commercial practice half a century ago, has grown globally through the trials and errors of bankers and scholars, with analyses of various controversies (idea vs. reality, interest vs. profit etc.) within the financial industry and academia (Islamic economics) and its entanglement with the capitalism that Islamic finance has confronted. Furthermore, the post-capitalist potential of the Islamic economy will be discussed from the history and dynamism of the practice of Islamic finance.
Abstract
There has been a growing trend in the use of alternative dispute resolution methods (“ADR”), particularly arbitration, on a global scale and Iran is no exception to this trend. In simple terms, arbitrability means that certain disputes may not be submitted to arbitration. Mirroring this concept, mediability refers to the capability of disputes to be resolved through mediation. The definition of arbitrability and mediability are subject to significant ambiguity, as there is currently no universally recognized and uniform standard for these concepts. In fact, national laws determine the definitions and concepts of arbitrability and mediability.
In order to gain a comprehensive understanding of the extent to which disputes are capable to be resolved through arbitration and mediation, it is necessary to initially examine the current legislative framework. The present article attempts to examine the arbitrability and mediability of disputes within the Iranian legal framework. In doing so, after recalling the background of ADR system in Iran in the first section, the second section will discuss the arbitrability with regard to arbitration-related laws. The third section will successively explore the arbitrability in Iranian legal jurisprudence, clarifying that while some disputes are not inherently non-arbitrable, there are certain limitations on their referral to arbitration. The fourth section will delve into the concept of mediability in Iran. Lastly, the fifth section will conclude the article by positioning the approach of the Iranian legal system towards arbitrability and mediability.
Abstract
This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.
Author:
Abstract
A set of rights and freedoms are protected by constitutions and interpreted by the competent judiciary. The increasing use of information and communication technologies (ICT s) creates new legal challenges to rights and their judicial interpretation. This article aims at analysing the prospects of the Palestinian Supreme Constitutional Court (SCC) concerning digital rights, while considering political and legal challenges. In doing so, it begins with a brief introduction to the concepts of digital right and digital constitutionalism. The article further describes the status of digital rights in Palestine and evaluates the role of the SCC in the adjudication of the constitutionality of the laws in relation to human rights protection on the internet. It finally offers proposals for understanding the necessity for constitutional protection of digital rights in Palestine through judicial review. It argues that the Palestine needs constitutional modernisation to address the legal implications of technologies on human rights.
Author:
Abstract
The monogamous and polygynous customary marriages of indigenous Black Africans have been fully legally recognised in South Africa since 1998. The outcome of a June 2022 apex Constitutional Court judgment will finally result in monogamous and polygynous Muslim marriages (nikāḥ) being fully legally recognized and regulated by the State by 2024. Since this recognition does not include the Islamic law of succession (which will not pass constitutional muster because of half-share to women), when Muslims die intestate, the secular law is expected to apply. The payment of mahr (dower) by the groom to the bride (an important ingredient of a nikāḥ contract) is therefore an important alternative tool for augmenting the inheritance of Muslim women during their lifetime. A novel fatwā issued by local Black African ulama in August 2022 brought to light several challenges faced by African Muslims regarding the relation of nikāḥ marriages to distinctive African traditional marriage practices like the lobolo (“bride price”) paid by the groom to the bride’s father. This paper examines the implications of mahr and lobolo on religious and customary marriages and the rights of local Black African Muslim women to inherit in terms of religion and custom.