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Islamic Legal Thought

A Compendium of Muslim Jurists


Edited by David Powers, Susan Spectorsky and Oussama Arabi

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter on a distinguished Muslim jurist. The volume is organized chronologically and it includes jurists who represent the formative, classical and modern periods of Islamic legal thought. Each chapter contains both a biography of an individual jurist and a translated sample of his work. The biographies emphasize the scholarly milieu in which the jurist worked—his teachers, colleagues and pupils, as well as the type of juridical thinking for which he is best known. The translated sample highlights the contribution of each jurist to the evolution of both the method and the methodology of Islamic jurisprudence. The introduction by the volume's three editors, Oussama Arabi, David S. Powers and Susan A. Spectorsky, provides a concise overview of the contents.

Contributors include: Oussama Arabi, Murteza Bedir, Jonathan E. Brockopp, Robert Gleave, Camilo Gómez-Rivas, Mahmoud O. Haddad, Peter C. Hennigan, Colin Imber, Samir Kaddouri, Aharon Layish, Joseph E. Lowry, Muhammad Khalid Masud, Ebrahim Moosa, David S. Powers, Yossef Rapoport, Delfina Serrano Ruano, Susan A. Spectorsky, Devin J. Stewart, Osman Tastan, Etty Terem, Nurit Tsafrir, Bernard G. Weiss, Hiroyuki Yanagihashi.

Jeroen Temperman

points out that the Greek courts did, indeed, rule on the merits without raising questions of admissibility. 32 Turning to the particulars of the case at hand and the threshold question as to whether the facts presented by the applicants satisfied the admissibility criteria, he goes on to argue

Balaniyot, Baths and Beyond

Israel’s State-Run Ritual Baths and the Rights of Women

Nahshon Perez and Elisheva Rosman-Stollman

sphere, while men belong in the public sphere. 1 This model is even more present when ritual baths are discussed. As often indicated by legal-feminist scholarship, one prominent result of the delegation of women-affairs to the private sphere, is that norms of rights or ‘justice’ do not permeate the

Sovereignty and the Constitution

The Development of Pakistan’s Grundnorm

Yaqoob Khan Bangash

traffic laws because the consensus in society is that these laws must be observed to prevent accidents. This norm, according to Kelsen, is the Grundnorm . 5 The present article focuses on a seminal moment in the constitutional history of Pakistan: the passing of the Objectives Resolution ( or ), in

Zachary R. Calo

about the present situation that remains unsettled, there is a shared form of secular order taking shape through law and religion jurisprudence. In both the us and Europe, law is secularizing, and in certain respects, pushing religion more to the margins of the social order. The regulation of religion

Anicée Van Engeland

awkward for both if external signs of belonging are present in the form of a veil or some other pieces of clothing. Besides reading the intentions of the Prophet and looking into the philosophy of Islam with regard to gender equality, Islamic feminists insist on taking into account the context in which

Regulating Religion in Italy

Constitution Does (not) Matter

Pietro Faraguna

many innovations, the Zanardelli Code treated all religions and denominations equally from the criminal point of view. One year later, the so-called Crispi Law secularized assistance and charity institutions. At the end of the 19th century the Italian state presented a paradoxical picture: formally

Mikhail Antonov

present Constitution may contradict the fundamental principles of the constitutional system of the Russian Federation.” These principles are echoed by a set of liberal rights and freedoms established in the following provision of the Constitution: “the rights and freedoms of man and citizen shall be

The Legal Status of Religious Groups in Argentina

Toward a Multi-Confessional System

Fernando Arlettaz

and symbolic privileges. 18 National census data do not track religious affiliation. All estimates agree that at present most of Argentinian people still belong to the Catholic Church, at least nominally. The religious landscape, however, has changed quite substantially since the middle of the

Legalities Unbound?

Assessing the Role of Religion and Legal Pluralism at Four un Human Rights Committees

Helge Årsheim

emphasized the inherently incompatible nature of plural, co-existing legal orders by virtue of their perceived challenges to positive, state-sanctioned law, present human rights theory is more concerned with the efficacy of such forms of law, emphasizing the potential complementarity of state law and other