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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.
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.
Author: Ismail Cebeci

Abstract

This article both examines changing contexts and factors that cause transformation as well as shows their effects on Islamic finance contracts. Here the author addresses his general theories in terms of modern iǧtihād (independent reasoning) on modern Islamic finance contracts. The main question is: ‘How have changing contexts and factors affected the emergence and transformation of Islamic financial contracts?’ The study addresses contexts, factors, and conditions that severely transform contracts. More specifically, the author argues that modern Islamic finance contracts have been transformed by the effects of changing factors and contexts. The main objective is to uncover modern contractual developments in Islamic finance and show how this transformation has made its mark on modern Islamic finance contracts. The study consists of a presentation of historical background, an explanation of socio-economic and ideological-ethical contexts and factors creating change, and a discussion regarding their effects on modern Islamic contracts.

In: Arab Law Quarterly
Author: Faiza Ismail

Abstract

Following the literal interpretation of ribā, jurists have agreed that muḍārabah and mušārakah are legitimate modes of financing. As both arrangements are highly risky to manage in practice, murābaḥah has been introduced as an alternate mode of financing. Despite its extraordinary success, murābaḥah has led to moral hazard in the form of frequent delays in payments and defaults for which Islamic scholars have introduced a penalty clause as discouragement. Examination of the murābaḥah penalty clause instrument suggests that it is ribā, prohibited when interpreted literally. Moreover, the penalty clause has never been enforced in Pakistani courts. This article suggests that the literal interpretation based on the objectives of Sharīʿah (substantial interpretation) will prevent loopholes such as the abuse of the murābaḥah instrument and consequently the penalty clause as well and will lead to substantial compliance with the principles of Islamic finance.

In: Arab Law Quarterly
Author: Afsoun Afsahi

This paper examines two cases of deliberation on the issue of religious arbitration in Canada: first, the Sharia law debate in Ontario (deliberation in the larger public sphere); and second, a deliberation on religious arbitration in British Columbia (deliberation in a small-scale structured setting). Relying on both secondary and original data, this article demonstrates that while the Sharia law debate failed to fulfill the key functions of a deliberative engagement, the small-scale deliberation was able to achieve all three functions: participants had the chance to express their opinions; there was ample dialogue and communication evident by increased empathy, perspective-taking ability, and knowledge gains; and finally, participants were able to come to a decision, however broad, together. Through this comparison, the article highlights key barriers to deliberation across differences and concludes with some suggestions for carrying out such engagements in the future.

In: Journal of Law, Religion and State

The toleration of religious minorities is changing in the Netherlands. In this paper we analyze three recent developments in Dutch society that are important for understanding the way the Dutch regime of religious tolerance is adjusting to 21st century circumstances. The first one concerns the growing homogenization of Dutch society and the emergence of a secular and liberal majority. The second is the dominance in policy and public debate of a “Protestant” conception of what religion amounts to. The third development is the fragmentation of religion and its simultaneous combination into new networks and groups made possible by new information and communication technologies. These developments pose challenges to constitutional rights and principles. There are no simple solutions to these challenges, but the Dutch tradition of consociationalism, as a liberal tradition in its own right, may provide some valuable perspectives.

In: Journal of Law, Religion and State
Studies in Memory of G.H.A. Juynboll
Islam at 250: Studies in Memory of G.H.A. Juynboll is a collection of original articles on the state of Islamic sciences and Arabic culture in the early phases of their crystallization. It covers a wide range of intellectual activity in the first three centuries of Islam, such as the study of ḥadīth, the Qurʾān, Arabic language and literature, and history. Individually and taken together, the articles provide important new insights and make an important contribution to scholarship on early Islam. The authors, whose work reflects an affinity with Juynboll's research interests, are all experts in their fields. Pointing to the importance of interdisciplinary approaches and signalling lacunae, their contributions show how scholarship has advanced since Juynboll's days.

Contributors: Camilla Adang, Monique Bernards, Léon Buskens, Ahmed El Shamsy, Maribel Fierro, Aisha Geissinger, Geert Jan van Gelder, Claude Gilliot, Robert Gleave, Asma Hilali, Michael Lecker, Scott Lucas, Christopher Melchert, Pavel Pavlovitch, Petra M. Sijpesteijn, Roberto Tottoli, and Peter Webb.
In: Islam at 250