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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.


Edited by Roel Meijer and Nils Butenschøn

The Crisis of Citizenship in the Arab World argues that the present crisis of the Arab world has its origins in the historical, legal and political development of state-citizen relations since the beginning of modern history in the Middle East and North Africa. The anthology covers three main topics. Part I focuses on the crisis of the social pact in different Arab countries as it became manifest during the Arab Uprisings. Part II concentrates on concepts of citizenship in Islamic doctrine, Islamic movements (Muslim Brotherhood and Salafism), secular political movements and Arab thinkers. Part III looks into the practices that support the claims to equal rights as well as the factors that have obstructed full citizen rights, such as patronage and clientelism.

Contributors are: Ida Almestad, Claire Beaugrand, Assia Boutaleb, Michaelle Browers, Nils Butenschøn, Anthony Gorman, Raymond Hinnebusch, Engin F. Isin, Rania Maktabi, Roel Meijer, Emin Poljarevic, Ola Rifai, James Sater, Rachel Scott, Jakob Skovgaard-Petersen, Robert Springborg, Stig Stenslie, Morten Valbjørn, Knut S. Vikør and Sami Zemni.

For the Introduction, please click here


Rania Maktabi

( lajna ). If accepted by the committee, the proposal is presented in a plenary session, voted on in two separate rounds, and then approved by the government, before being issued as a law published in the Official Gazette ( al-Jarida al-Rasmiyya ). In cases where a law proposal gains a majority in


Michaelle Browers

terminology, dhimmis are ‘citizens’ [ muwatinun ] of the Islamic state. From the earliest period of Islam to the present day, they enjoy the same rights and carry the same responsibilities as Muslims themselves, while being free to practice their own faiths.” 24 The Egyptian Islamist thinker Fahmi Huwaydi


Robert Springborg

ameliorate the negative distributional and economic impacts of political clientelism. The type of economic system seems also to be relevant to the degree of political clientelism present. In a nutshell, the greater the government’s share of the economy, the greater the amount of political clientelism. Indeed


Engin F. Isin

irresolvable, tensions: a tension between freedom and obedience and a tension between universalism and particularism. Étienne Balibar has, with exceptional clarity, drawn attention to both of these inherent tensions in the figure of the citizen. In what follows, I will present his basic argument in my own


Roel Meijer and Nils Butenschøn

and misery created by regional wars; the “deep state” or the “robustness” of the state and its greater capacity for repression than elsewhere; gender inequality and exclusion; or a combination of some or all of these elements. 10 This book does not present a unified explanation for the deep political


Roel Meijer

static but a constantly changing concept and practice that is a reflection of these forces within a specific citizenship regime. My main argument is that the present crisis of citizenship in the Middle East is the result of an accumulation of problems that have been caused by three consecutive


Ida Nicolaisen Almestad and Stig Stenslie

’ material needs; thus the welfare arrangements are presented as gifts ( makrama ) rather than rights , while subjects are expected to obey their ruler and benefactor in return. While the Basic Law illustrates that Saudi citizenship goes a long way to guarantee social rights, civil and political rights



, or belonging to a common “nation,” language group, or culture. Schmitt explicated such a dynamic in 1920: The phenomenon of the political can be understood only in the context of the ever[−]present possibility of the friend-and-enemy grouping, regardless of the aspects which this possibility implies