History of Islamic Law

History of Islamic Law
Title History of Islamic Law PDF eBook
Author Noel Coulson
Publisher Edinburgh University Press
Pages 280
Release 2014-03-11
Genre Law
ISBN 0748696490

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The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

The Politics of Islamic Law

The Politics of Islamic Law
Title The Politics of Islamic Law PDF eBook
Author Iza R. Hussin
Publisher University of Chicago Press
Pages 360
Release 2016-03-31
Genre Law
ISBN 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Everyday Islamic Law and the Making of Modern South Asia

Everyday Islamic Law and the Making of Modern South Asia
Title Everyday Islamic Law and the Making of Modern South Asia PDF eBook
Author Elizabeth Lhost
Publisher UNC Press Books
Pages 377
Release 2022-05-10
Genre History
ISBN 1469668130

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Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.

The Sufi Orders in Islam

The Sufi Orders in Islam
Title The Sufi Orders in Islam PDF eBook
Author J. Spencer Trimingham
Publisher Oxford University Press
Pages 370
Release 1998-07-16
Genre Religion
ISBN 0198028237

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Sufism, the name given to Islamic mysticism, has been the subject of many studies, but the orders through which the organizational aspect of the Sufi spirit was expressed has been neglected. The Sufi Orders in Islam is one of the earliest modern examinations of the historical development of Sufism and is considered a classic work in numerous sources of Islamic studies today. Here, author J. Spencer Trimingham offers a clear and detailed account of the formation and development of the Sufi schools and orders (tariqahs) from the second century of Islam until modern times. Trimingham focuses on the practical disciplines behind the mystical aspects of Sufism which initially attracted a Western audience. He shows how Sufism developed and changed, traces its relationship to the unfolding and spread of mystical ideas, and describes in sharp detail its rituals and ceremonial practices. Finally, he assesses the influence of these Sufi orders upon Islamic society in general. John O. Voll has added a new introduction to this classic text and provides readers with an updated list of further reading. The Sufi Orders in Islam will appeal not only to those already familiar with Triminghams groundbreaking research, but also to the growing reading public of Islamic studies and mysticism.

Islamic Law and Governance in Contemporary Iran

Islamic Law and Governance in Contemporary Iran
Title Islamic Law and Governance in Contemporary Iran PDF eBook
Author Mehran Tamadonfar
Publisher Lexington Books
Pages 387
Release 2015-05-20
Genre Law
ISBN 1498507573

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The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.

Buddhist and Islamic Orders in Southern Asia

Buddhist and Islamic Orders in Southern Asia
Title Buddhist and Islamic Orders in Southern Asia PDF eBook
Author R. Michael Feener
Publisher University of Hawaii Press
Pages 233
Release 2018-11-30
Genre Religion
ISBN 0824872118

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Over the last few decades historians and other scholars have succeeded in identifying diverse patterns of connection linking religious communities across Asia and beyond. Yet despite the fruits of this specialist research, scholars in the subfields of Islamic and Buddhist studies have rarely engaged with each other to share investigative approaches and methods of interpretation. This volume was conceived to open up new spaces of creative interaction between scholars in both fields that will increase our understanding of the circulation and localization of religious texts, institutional models, ritual practices, and literary specialists. The book’s approach is to scrutinize one major dimension of the history of religion in Southern Asia: religious orders. “Orders” (here referring to Sufi ṭarīqas and Buddhist monastic and other ritual lineages) established means by which far-flung local communities could come to be recognized and engaged as part of a broader world of co-religionists, while presenting their particular religious traditions and their human representatives as attractive and authoritative to potential new communities of devotees. Contributors to the volume direct their attention toward analogous developments mutually illuminating for both fields of study. Some explain how certain orders took shape in Southern Asia over the course of the nineteenth century, contextualizing these institutional developments in relation to local and transregional political formations, shifting literary and ritual preferences, and trade connections. Others show how the circulation of people, ideas, texts, objects, and practices across Southern Asia, a region in which both Buddhism and Islam have a long and substantial presence, brought diverse currents of internal reform and notions of ritual and lineage purity to the region. All chapters draw readers’ attention to the fact that networked persons were not always strongly institutionalized and often moved through Southern Asia and developed local bases without the oversight of complex corporate organizations. Buddhist and Islamic Orders in Southern Asia brings cutting-edge research to bear on conversations about how “orders” have functioned within these two traditions to expand and sustain transregional religious networks. It will help to develop a better understanding of the complex roles played by religious networks in the history of Southern Asia.

Islamic State as a Legal Order

Islamic State as a Legal Order
Title Islamic State as a Legal Order PDF eBook
Author Federico Lorenzo Ramaioli
Publisher Routledge
Pages 212
Release 2022-04-04
Genre Law
ISBN 1000566579

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This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.