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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.
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.
Editor:
Nicolai Sinai
The Qur’anic surahs and passages that are customarily taken to postdate Muhammad’s emigration to Medina occupy a key position in the formative period of Islam: they fundamentally shaped later convictions about Muhammad’s paradigmatic authority and universal missionary remit; they constitute an important basis for Islam’s development into a religion with a strong legal focus; and they demarcate the Qur’anic community from Judaism and Christianity. The volume exemplifies a rich array of approaches to the challenges posed by this part of the Qur’an, including its distinctive literary and doctrinal features, its relationship to other late antique traditions, and the question of oral composition.
Contributors are Karen Bauer, Saqib Hussain, Marianna Klar, Joseph E. Lowry, Angelika Neuwirth, Andrew J. O’Connor, Cecilia Palombo, Nora K. Schmid, Nicolai Sinai, Devin J. Stewart, Gabriel S. Reynolds, Neal Robinson and Holger Zellentin.
Contributors are Karen Bauer, Saqib Hussain, Marianna Klar, Joseph E. Lowry, Angelika Neuwirth, Andrew J. O’Connor, Cecilia Palombo, Nora K. Schmid, Nicolai Sinai, Devin J. Stewart, Gabriel S. Reynolds, Neal Robinson and Holger Zellentin.
Editor:
Nicolai Sinai
The Qur’anic surahs and passages that are customarily taken to postdate Muhammad’s emigration to Medina occupy a key position in the formative period of Islam: they fundamentally shaped later convictions about Muhammad’s paradigmatic authority and universal missionary remit; they constitute an important basis for Islam’s development into a religion with a strong legal focus; and they demarcate the Qur’anic community from Judaism and Christianity. The volume exemplifies a rich array of approaches to the challenges posed by this part of the Qur’an, including its distinctive literary and doctrinal features, its relationship to other late antique traditions, and the question of oral composition.
Contributors are Karen Bauer, Saqib Hussain, Marianna Klar, Joseph E. Lowry, Angelika Neuwirth, Andrew J. O’Connor, Cecilia Palombo, Nora K. Schmid, Nicolai Sinai, Devin J. Stewart, Gabriel S. Reynolds, Neal Robinson and Holger Zellentin.
Contributors are Karen Bauer, Saqib Hussain, Marianna Klar, Joseph E. Lowry, Angelika Neuwirth, Andrew J. O’Connor, Cecilia Palombo, Nora K. Schmid, Nicolai Sinai, Devin J. Stewart, Gabriel S. Reynolds, Neal Robinson and Holger Zellentin.
In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
Genealogy, Current Trends, and New Interpretations
Series:
Muslim Minorities, Volume: 37
This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind.
Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Genealogy, Current Trends, and New Interpretations
Series:
Muslim Minorities, Volume: 37
This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind.
Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Sharia and Lawmaking in Palestine, 2012-2018
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.
Sharia and Lawmaking in Palestine, 2012-2018
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.
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.
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.
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.
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
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.
Egyptian and Islamic Law: Selected Essays
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.
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.
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.
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 Arabi