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Islamic Law, Tribal Customary Law and Waqf

Islamic Law, Tribal Customary Law and Waqf
Author: Aharon Layish
Publisher: BRILL
Total Pages: 648
Release: 2023-10-30
Genre: Law
ISBN: 9004680926

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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.


Islamic Law in Africa

Islamic Law in Africa
Author: J N D Anderson
Publisher: Routledge
Total Pages: 425
Release: 2013-10-15
Genre: Religion
ISBN: 1134564996

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In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.


Shari?a and the Islamic State in 19th-century Sudan

Shari?a and the Islamic State in 19th-century Sudan
Author: Aharon Layish
Publisher:
Total Pages: 348
Release: 2016-09-08
Genre: Religion
ISBN: 9789004311381

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The Sudanese Mahdīheaded a millenarian, revivalist, reformist movement, strongly inspired by Salafī and Ṣūfī ideas in the late 19th century. He established a Caliphate and created a unique legal methodology and doctrine to promote his political and social agenda.


Waḳf

Waḳf
Author: Abdul Qadir
Publisher: Global Vision Pub House
Total Pages: 200
Release: 2004
Genre: Charitable uses, trusts, and foundations (Islamic law)
ISBN: 9788182200074

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This Book Is An Analytical Study Of The Historical Development And Socio-Economic Importance Of The Islamic Law Of Charitable Trust. The Wakf Is Not Mentioned In The Holy Quran, But Derives Its Legitimacy Primarily From A Number Of Ôadaâs. The Immediate Spread And Popularity Of The Wakf Derives From The Fact That It Served Socio-Economic Needs Of The People.


Waqf in Zaydī Yemen

Waqf in Zaydī Yemen
Author: Eirik Hovden
Publisher: BRILL
Total Pages: 437
Release: 2018-10-22
Genre: Law
ISBN: 9004377840

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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.


Land, Law and Islam

Land, Law and Islam
Author: Hilary Lim
Publisher: Zed Books Ltd.
Total Pages: 270
Release: 2013-07-18
Genre: Law
ISBN: 1848137206

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.


The Beginnings of Islamic Law

The Beginnings of Islamic Law
Author: Lena Salaymeh
Publisher: Cambridge University Press
Total Pages: 257
Release: 2016-11-14
Genre: History
ISBN: 1107133025

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This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.


An Introduction to Islamic Law

An Introduction to Islamic Law
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Total Pages: 209
Release: 2009-07-09
Genre: Law
ISBN: 1139489305

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The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.


Law, State, and Society in Modern Iran

Law, State, and Society in Modern Iran
Author: H. Enayat
Publisher: Springer
Total Pages: 276
Release: 2013-07-17
Genre: History
ISBN: 1137282029

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Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.


The Long Divergence

The Long Divergence
Author: Timur Kuran
Publisher: Princeton University Press
Total Pages: 422
Release: 2012-11-11
Genre: Business & Economics
ISBN: 1400836018

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How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.