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The Development of Islamic Law and Society in the Maghrib

The Development of Islamic Law and Society in the Maghrib
Author: David S. Powers
Publisher: Routledge
Total Pages: 356
Release: 2022-02-14
Genre: History
ISBN: 1000585115

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The first eleven essays in this collection treat the application of Islamic law in qadi courts in the Maghrib in the period between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), the essays examine family law cases involving legal minority, guardianship, divorce, inheritance, bequests, and endowments. Cumulatively, the cases bear witness to the effectiveness and efficiency of the Islamic judicial system in this period. Contrary to popular perceptions, the cases demonstrate that Muslim jurists placed a high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted with, and shaped, each other. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped the modern western scholarly understanding of Islamic law.


The Development of Islamic Law and Society in the Maghrib

The Development of Islamic Law and Society in the Maghrib
Author: David Stephan Powers
Publisher: Routledge
Total Pages: 0
Release: 2011
Genre: Africa, North
ISBN: 9781409403708

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The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.


Law, Society and Culture in the Maghrib, 1300-1500

Law, Society and Culture in the Maghrib, 1300-1500
Author: David S. Powers
Publisher: Cambridge University Press
Total Pages: 296
Release: 2002-09-30
Genre: History
ISBN: 9780521816915

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Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.


A History of Islamic Law

A History of Islamic Law
Author: N. J. Coulson
Publisher: AldineTransaction
Total Pages: 274
Release: 2011
Genre: Religion
ISBN: 1412818559

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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.


Dispensing Justice in Islam

Dispensing Justice in Islam
Author: Muḥammad K̲ālid Masud
Publisher: BRILL
Total Pages: 609
Release: 2006
Genre: Religion
ISBN: 9004140670

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Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).


Law, Custom, and Statute in the Muslim World

Law, Custom, and Statute in the Muslim World
Author: Rôn Šaham
Publisher: BRILL
Total Pages: 298
Release: 2007
Genre: Religion
ISBN: 9004154531

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This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.


Islam

Islam
Author: Jamila Hussain
Publisher:
Total Pages: 246
Release: 2004
Genre: Islamic law
ISBN: 9781862874992

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Revised edition of : Islamic law and society ; 1999.


Islamic Legal Thought

Islamic Legal Thought
Author: David Powers
Publisher: BRILL
Total Pages: 606
Release: 2013-10-09
Genre: Law
ISBN: 9004255885

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In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.


Law and the Islamization of Morocco under the Almoravids

Law and the Islamization of Morocco under the Almoravids
Author: Camilo Gómez-Rivas
Publisher: BRILL
Total Pages: 217
Release: 2014-11-20
Genre: Law
ISBN: 9004279849

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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.


Islamic Law and Culture, 1600-1840

Islamic Law and Culture, 1600-1840
Author: Haim Gerber
Publisher: BRILL
Total Pages: 167
Release: 2024-01-08
Genre: Law
ISBN: 9004660135

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In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.