This study presents a new approach to the phenomenon of Muslim pious foundations, or waqfs, focussing on the evolution of the institution in the urban context and the elaboration of the legal framework to accommodate the urban system of control. Taking Damascus as an example, it is shown how the waqf-institution determined the shape and character of Muslim cities.

The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Although the city as a central entity did not simply disappear with the Fall of the Roman Empire, the development of urban space at least since the twelfth century played a major role in the history of medieval and early modern mentality within a social-economic and religious framework. Whereas some poets projected urban space as a new utopia, others simply reflected the new significance of the urban environment as a stage where their characters operate very successfully. As today, the premodern city was the locus where different social groups and classes got together, sometimes peacefully, sometimes in hostile terms. The historical development of the relationship between Christians and Jews, for instance, was deeply determined by the living conditions within a city. By the late Middle Ages, nobility and bourgeoisie began to intermingle within the urban space, which set the stage for dramatic and far-reaching changes in the social and economic make-up of society. Legal-historical aspects also find as much consideration as practical questions concerning water supply and sewer systems. Moreover, the early modern city within the Ottoman and Middle Eastern world likewise finds consideration. Finally, as some contributors observe, the urban space provided considerable opportunities for women to carve out a niche for themselves in economic terms.

Islamic institutions have turned the Middle East into an extraordinarily repressive region. Their legacies preclude a speedy liberalization.

This study presents a new approach to the phenomenon of Muslim pious foundations, or "waqfs," focussing on the evolution of the institution in the urban context and the elaboration of the legal framework to accommodate the urban system of control. Taking Damascus as an example, it is shown how the waqf-institution determined the shape and character of Muslim cities.

In writings about Islam, women and modernity in the Middle East, family and religion are frequently invoked but rarely historicized. Based on a wide range of local sources spanning two centuries (1660–1860), Beshara B. Doumani argues that there is no such thing as the Muslim or Arab family type that is so central to Orientalist, nationalist, and Islamist narratives. Rather, one finds dramatic regional differences, even within the same cultural zone, in the ways that family was understood, organized, and reproduced. In his comparative examination of the property devolution strategies and gender regimes in the context of local political economies, Doumani offers a groundbreaking examination of the stories and priorities of ordinary people and how they shaped the making of the modern Middle East.

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. For the Arabic edition, please see here.