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Edited by Hiroyuki Yanagihashi

This book is dedicated to an analysis of seven groups of hadiths related to matters ranging from the rules concerning water used for ablution to those concerning the proof of facts in a qadi court. It has three main purposes. The first is to clarify the processes by which hadiths on a given topic were formed and developed by analyzing their isnāds and matns and by comparing them with expositions of positive law in legal manuals. Second, it seeks to explain why many hadiths exist in multiple variants and to detect the perception of traditionists about the revision of hadiths. The third purpose is to propose a methodology to estimate the extent to which traditionists accepted hadiths on a particular topic.
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Locating the Sharīʿa

Legal Fluidity in Theory, History and Practice

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Edited by Sohaira Siddiqui

The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century.

Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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Edited by John Bowen and Arskal Salim

In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.
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Law and Division of Power in the Crimean Khanate (1532-1774)

With Special Reference to the Reign of Murad Giray (1678-1683)

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Natalia Królikowska-Jedlińska

The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate’s political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.
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Waqf in Zaydī Yemen

Legal Theory, Codification, and Local Practice

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Eirik Hovden

Islamic foundations ( waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen.
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Rethinking Islamic Legal Modernism

The Teaching of Yusuf al-Qaradawi

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Ron Shaham

In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida.

By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
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How Muftis Think

Islamic Legal Thought and Muslim Women in Western Europe

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Lena Larsen

In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
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Dār al-Islām Revisited

Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West

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Sarah Albrecht

Where is dār al-islām, and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West, Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām, the “territory of Islam,” dār al-ḥarb, the “territory of war,” and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.
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Edited by Egdunas Racius and Antonina Zhelyazkova

In Islamic Leadership in the European Lands of the Former Ottoman and Russian Empires the history and contemporary development of Islamic leadership in over a dozen of Eastern European countries is analysed. The studies are presented through a double prism: the institutional structures of the Muslim communities and the place of the muftiates in the current national constellations on one hand, and the dimension of the spiritual guidance emanating from the muftiates on the other. The latter includes aspects such as the muftiates’ powers and role in supervision of mosques and other religious institutions, production, dissemination and control of religious knowledge and discussions on traditional and non-traditional forms of Islam engaged in by the muftiates.

This is the first comprehensive edited volume on the subject.

Contributors are: Srđan Barišić, Ayder Bulatov, Marko Hadjdinjak, Olsi Jazexhi, Memli Sh. Krasniqi, Armend Mehmeti, Dino Mujadžević, Agata S. Nalborczyk, Egdūnas Račius, Aziz Nazmi Shakir, Vitalii Shchepanskyi, Jakob Skovgaard-Petersen, Daša Slabčanka, Aid Smajić, Irina Vainovski-Mihai, Mykhaylo Yakubovych, and Galina Yemelianova.
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The Codification of Islamic Criminal Law in the Sudan

Penal Codes and Supreme Court Case Law under Numayrī and Bashīr

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Olaf Köndgen

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of the Sudan’s Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā, liwāṭ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf), highway robbery ( ḥirāba), apostasy ( ridda), and alcohol consumption.

Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world’s longest lasting applications of codified sharīʿa criminal law.

Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis.

"This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach."
Prof. Günter Meyer, Johannes Gutenberg University Mainz