Islamic Imperial Law PDF Download
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| Author | : Benjamin Jokisch |
| Publisher | : Walter de Gruyter |
| Total Pages | : 769 |
| Release | : 2011-12-01 |
| Genre | : Religion |
| ISBN | : 311092434X |
Download Islamic Imperial Law Book in PDF, ePub and Kindle
Die bisherige Forschung geht davon aus, dass das islamische Recht von unabhängigen Juristen entwickelt wurde. Dabei sind mitunter Einflüsse aus fremden Rechtssystemen eingeräumt worden, doch eine gezielte Rezeption galt stets als ausgeschlossen. In einer Vergleichsanalyse, die auf der Prämisse einer massiven Interaktion der Kulturen in jener Zeit basiert, lässt sich nun nachweisen, dass das erste monumentale Rechtswerk im Islam, die Zāhir ar-riwāya des Šaybānī, strukturell und inhaltlich auf dem Rhēton beruht – einer griechischen Version jenes Regelwerkes, das später in Europa als Corpus Iuris Civilis Verbreitung fand. Inspiriert durch die byzantinische Reichsrechtsidee kodifizierten muslimische Staatsjuristen in Bagdad das islamische „Reichsrecht“, das aber angesichts der Opposition frommer Überlieferer durch Traditionen legitimiert werden musste. Nachdem sich das Reichsrecht in weiten Teilen des Kalifats etabliert hatte, bewirkte der revolutionäre Triumph der Orthodoxie Mitte des 9. Jahrhunderts dessen Übergang in ein Juristenrecht, das nun in den Händen unabhängiger Gelehrter lag.
| Author | : Elizabeth Lhost |
| Publisher | : UNC Press Books |
| Total Pages | : 377 |
| Release | : 2022-05-10 |
| Genre | : History |
| ISBN | : 1469668130 |
Download Everyday Islamic Law and the Making of Modern South Asia Book in PDF, ePub and Kindle
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.
| Author | : Majid Khadduri |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 416 |
| Release | : 2008 |
| Genre | : Islamic law |
| ISBN | : 1584778644 |
Download Origin and Development of Islamic Law Book in PDF, ePub and Kindle
The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.
| Author | : Samy A. Ayoub |
| Publisher | : Oxford University Press |
| Total Pages | : 304 |
| Release | : 2019-11-15 |
| Genre | : Law |
| ISBN | : 0190092947 |
Download Law, Empire, and the Sultan Book in PDF, ePub and Kindle
This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
| Author | : James E. Baldwin |
| Publisher | : Edinburgh University Press |
| Total Pages | : 248 |
| Release | : 2016-12-05 |
| Genre | : Social Science |
| ISBN | : 1474403107 |
Download Islamic Law and Empire in Ottoman Cairo Book in PDF, ePub and Kindle
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
| Author | : Paolo Sartori |
| Publisher | : Edinburgh University Press |
| Total Pages | : 384 |
| Release | : 2020-01-07 |
| Genre | : History |
| ISBN | : 1474444318 |
Download ShariE a in the Russian Empire Book in PDF, ePub and Kindle
This book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million. It focuses on the training of Russian Muslim jurists, the debates over legal authority within Muslim communities and the relationship between Islamic law and 'customary' law. Based upon difficult to access sources written in a variety of languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), it offers scholars of Russian history, Islamic history and colonial history an account of Islamic law in Russia of the same quality and detail as the scholarship currently available on Islam in the British and French colonial empires.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 360 |
| Release | : 2013-08-15 |
| Genre | : Political Science |
| ISBN | : 9004249516 |
Download Law and Empire Book in PDF, ePub and Kindle
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
| Author | : Mahmood Kooria |
| Publisher | : Routledge |
| Total Pages | : 197 |
| Release | : 2021-09-23 |
| Genre | : Social Science |
| ISBN | : 1000435350 |
Download Islamic Law in the Indian Ocean World Book in PDF, ePub and Kindle
This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
| Author | : Iza R. Hussin |
| Publisher | : University of Chicago Press |
| Total Pages | : 360 |
| Release | : 2016-03-31 |
| Genre | : Law |
| ISBN | : 022632348X |
Download The Politics of Islamic Law Book in PDF, ePub and Kindle
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.
| Author | : N. J. Coulson |
| Publisher | : AldineTransaction |
| Total Pages | : 274 |
| Release | : 2011 |
| Genre | : Religion |
| ISBN | : 1412818559 |
Download A History of Islamic Law Book in PDF, ePub and Kindle
The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.
