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Author:
Translator:
Dialogues for the Future provides a sneak peek at the long philosophic journey of the renowned Arab scholar Taha Abderrahmane. The author looks at different thorny issues such as traditions, philosophy, ethics, globalization, and logic through a local prism that is not directedly tainted by the Western epistemic and ontological worldview. While seemingly addressing audiences with a background in the philosophy of language and Islamic philosophy, Taha’s intellectual project tackles many questions that wider readerships might have about the Muslims’ and Arabs’ contribution to knowledge in the past and present. The translator’s introduction “on Dialogue, Ethics and Traditions” contextualizes Taha’s book within the plethora of his academic work, allowing English-speaking readers to engage with the open canvas of dialogue Taha has resiliently initiated.
Author:
Dialogues for the Future provides a sneak peek at the long philosophic journey of the renowned Arab scholar Taha Abderrahmane. The author looks at different thorny issues such as traditions, philosophy, ethics, globalization, and logic through a local prism that is not directedly tainted by the Western epistemic and ontological worldview. While seemingly addressing audiences with a background in the philosophy of language and Islamic philosophy, Taha’s intellectual project tackles many questions that wider readerships might have about the Muslims’ and Arabs’ contribution to knowledge in the past and present. The translator’s introduction “on Dialogue, Ethics and Traditions” contextualizes Taha’s book within the plethora of his academic work, allowing English-speaking readers to engage with the open canvas of dialogue Taha has resiliently initiated.
Studies in the Legal History of the Modern Middle East and North Africa
Author:
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Studies in the Legal History of the Modern Middle East and North Africa
Author:
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Domestic Women and Slavery in Tetouan (19th - 20th centuries)
Author:
This book sheds light on the final process of slavery in Morocco, unraveling the contemporary roots of servility and stereotypes about blackness in the Arab world. Unlike other generalist analyses, this research focuses on the practice of servitude through a case study in the city of Tetouan. Until well into the twentieth century, bought women arrived in the city to join the domestic labor market, also becoming signs of social distinction. This historical ethnography is paradigmatic in reconstructing the relations between masters and domestics of slave origin, putting names and faces to subaltern people to rescue them from oblivion.
Domestic Women and Slavery in Tetouan (19th - 20th centuries)
Author:
This book sheds light on the final process of slavery in Morocco, unraveling the contemporary roots of servility and stereotypes about blackness in the Arab world. Unlike other generalist analyses, this research focuses on the practice of servitude through a case study in the city of Tetouan. Until well into the twentieth century, bought women arrived in the city to join the domestic labor market, also becoming signs of social distinction. This historical ethnography is paradigmatic in reconstructing the relations between masters and domestics of slave origin, putting names and faces to subaltern people to rescue them from oblivion.
Ḥanafī Fiqh in Ifrīqiya in the 3rd/9th Century. Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. Three Manuscript from the Ancient Library of Raqqada-Kairouan: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
Ḥanafī Fiqh in Ifrīqiya in the 3rd/9th Century. Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. Three Manuscript from the Ancient Library of Raqqada-Kairouan: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
Negotiating Legal Muslim Marriage in Pasuruan, East Java
Author:
In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Negotiating Legal Muslim Marriage in Pasuruan, East Java
Author:
In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Author:
This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.
Author:
This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.
The Politics of the Council of Indonesian Ulama (Majelis Ulama Indonesia, MUI)
Author:
This book is a succinct and critical account on the shariatisation of Indonesia, the largest Muslim country in the world. It is the first book in English to uncover and explain the shariatisation of Indonesia in a comprehensive way. With the abundant primary and secondary sources, this book is a reference for other scholars who conduct research on the inclusion of sharia into legal and public sphere of Indonesia. It comes with an important conclusion that the change of such a non-theocratic state like Indonesia into a theocratic state is highly possible when its law is penetrated by those who want to change the state system.
The Politics of the Council of Indonesian Ulama (Majelis Ulama Indonesia, MUI)
Author:
This book is a succinct and critical account on the shariatisation of Indonesia, the largest Muslim country in the world. It is the first book in English to uncover and explain the shariatisation of Indonesia in a comprehensive way. With the abundant primary and secondary sources, this book is a reference for other scholars who conduct research on the inclusion of sharia into legal and public sphere of Indonesia. It comes with an important conclusion that the change of such a non-theocratic state like Indonesia into a theocratic state is highly possible when its law is penetrated by those who want to change the state system.