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The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
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.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Author:
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Author:
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Concept, History and Application of Axioms of Juristic Accumulation
Author:
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
Concept, History and Application of Axioms of Juristic Accumulation
Author:
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
Sharia and Lawmaking in Palestine, 2012-2018
Author:
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
Author:
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.
Special Issue: Islamic Banking and Finance
Volume 20 of the Yearbook of Islamic and Middle Eastern Law will comprise a Special Edition of collected contributions in the field of Islamic Banking and Finance. Combing the work of established practitioners and academics in the field, the Special Edition charts the development of contemporary issues in Islamic Banking and Finance practice including the regulation of crowd-funding and Sharia-Compliant Fintech.
The publication's practical features include: - articles on current topics, - the text of a selection of important case judgments, - book reviews. 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, - the text of a selection of important case judgments, - book reviews. Please click here for the online version including the abstracts of the articles of The Yearbook of Islamic and Middle Eastern Law.
Special Issue: Islamic Banking and Finance
Volume 20 of the Yearbook of Islamic and Middle Eastern Law will comprise a Special Edition of collected contributions in the field of Islamic Banking and Finance. Combing the work of established practitioners and academics in the field, the Special Edition charts the development of contemporary issues in Islamic Banking and Finance practice including the regulation of crowd-funding and Sharia-Compliant Fintech.
The publication's practical features include: - articles on current topics, - the text of a selection of important case judgments, - book reviews. 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, - the text of a selection of important case judgments, - book reviews. Please click here for the online version including the abstracts of the articles of The Yearbook of Islamic and Middle Eastern Law.
Egyptian and Islamic Law: Selected Essays
Author:
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
Author:
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:
Breaching the Bronze Wall deals with the idea that the words of honorable Muslims constitutes proof and that written documents and the words of non-Muslims are of inferior value. Thus, foreign merchants in cities such as Istanbul, Damascus or Alexandria could barely prove any claim, as neither their contracts nor their words were of any value if countered by Muslims. Francisco Apellániz explores how both groups labored to overcome the ‘biases against non-Muslims’ in Mamlūk Egypt’s and Syria’s courts and markets (14th-15th c.) and how the Ottoman conquest (1517) imposed a new, orthodox view on the problem. The book slips into the Middle Eastern archive and the Ottoman Dīvān, and scrutinizes sharīʿa’s intricacies and their handling by consuls, dragomans, qaḍīs and other legal actors.
Author:
Breaching the Bronze Wall deals with the idea that the words of honorable Muslims constitutes proof and that written documents and the words of non-Muslims are of inferior value. Thus, foreign merchants in cities such as Istanbul, Damascus or Alexandria could barely prove any claim, as neither their contracts nor their words were of any value if countered by Muslims. Francisco Apellániz explores how both groups labored to overcome the ‘biases against non-Muslims’ in Mamlūk Egypt’s and Syria’s courts and markets (14th-15th c.) and how the Ottoman conquest (1517) imposed a new, orthodox view on the problem. The book slips into the Middle Eastern archive and the Ottoman Dīvān, and scrutinizes sharīʿa’s intricacies and their handling by consuls, dragomans, qaḍīs and other legal actors.