This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 12th centuries, which involved four judicial institutions: the cadi; the mazalim (court of complaint); the police/shurta (responsible for criminal justice); and the hisba (Islamised market law) administrated by the muhtasib (market supervisor). Literary and non-literary sources are used to highlight how these institutions worked in real-time situations such as the famine of 1024 5, which posed tremendous challenges to the market supervisors in Cairo. The inner workings of the court of complaint during the 11th 12th-century Fatimid state are revealed through an array of documentary sources. And non-Muslim communities, their courts and their sphere of responsibilities are treated as integral to how justice was dispensed in medieval Islam. Documentary sources offer significant insights into these issues and illuminate the scope and limits of non-Muslim self-rule/judicial autonomy.

Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.

Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.

"The Dignity of Man: An Islamic Perspective" provides the most detailed study to date on the subject of the dignity of man from the perspective of Islam. M H Kamali sets out the proclamations on human dignity found in the Qur'an and then discusses topics pertaining to or resulting from human dignity: the physical and spiritual nobility of man; God's love for humanity; the sanctity of life; and the necessity for freedom, equality and accountability. Finally, the author examines the measures that the "Shariah" has taken to protect human dignity and to promote it in social interaction. The discussion is here presented in the light of the debate on the universality of human rights as enshrined in the Universal Declaration of Human Rights. This book goes a long way towards exploring an alternative to Western concepts of human rights. "The Dignity of Man: An Islamic Perspective" is part of a series of studies on fundamental rights and liberties in Islam and should be read with its companion volumes of "Freedom,"" Equality and Justice in Islam," and "Freedom of Expression in Islam,"

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.

These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. There follows a set of primarily historical studies, which question a series of widely held assumptions, while the last items explore issues of legal theory and methodology. One particular topic concerns the role of Shafi'i as the 'master architect' of Islamic legal theory, and Professor Hallaq would finally argue that this image is in fact false and a creation of later centuries.

Shari'a is one of the most hotly contested and misunderstood concepts and practices in the world today. Debates about Islamic law and its relationship to secularism and Christianity have dominated political and theological discourse for centuries. Unfortunately, Western Christian theologians have failed to engage sufficiently with the challenges and questions raised by Islamic political theology, preferring instead to essentialize or dismiss it. In Law and the Rule of God, Joshua Ralston presents an innovative approach to Christian-Muslim dialogue. Eschewing both polemics and apologetics, he proposes a comparative framework for Christian engagement with Islamic debates on shari'a. Ralston draws on a diverse range of thinkers from both traditions including Karl Barth, Ibn Taymiyya, Thomas Aquinas, and Mohammad al-Jabri. He offers an account of public law as a provisional and indirect witness to the divine rule of justice. He also demonstrates how this theology of public law deeply resonates with the Christian tradition and is also open to learning from and dialoguing with Islamic and secular conceptions of law, sovereignty, and justice.

In this book, Mashal Saif explores how contemporary 'ulama, the guardians of religious knowledge and law, engage with the world's most populated Islamic nation-state: Pakistan. In mapping these engagements, she weds rigorous textual analysis with fieldwork and offers insight into some of the most significant and politically charged issues in recent Pakistani history. These include debates over the rights of women; the country's notorious blasphemy laws; the legitimacy of religiously mandated insurrection against the state; sectarian violence; and the place of Shi'as within the Sunni majority nation. These diverse case studies are knit together by the project's most significant contribution: a theoretical framework that understands the 'ulama's complex engagements with their state as a process of both contestation and cultivation of the Islamic Republic by citizen-subjects. This framework provides a new way of assessing state - 'ulama relations not only in contemporary Pakistan but also across the Muslim world.

The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.

Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.

In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari'a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.

In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu'ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women's rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian "clash of civilizations" thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of Sept. 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

Using a variety of historical sources and methodological approaches, this book presents the first large-scale study of single men and women in the Roman world, from the Roman Republic to Late Antiquity and covering virtually all periods of the ancient Mediterranean. It asks how singleness was defined and for what reasons people might find themselves unmarried. While marriage was generally favoured by philosophers and legislators, with the arguments against largely confined to genres like satire and comedy, the advent of Christianity brought about a more complex range of thinking regarding its desirability. Demographic, archaeological and socio-economic perspectives are considered, and in particular the relationship of singleness to the Roman household and family structures. The volume concludes by introducing a number of comparative perspectives, drawn from the early Islamic world and from other parts of Europe down to and including the nineteenth century, in order to highlight possibilities for the Roman world.

Justice is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.

This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context-Canada, France and the United States-and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the 'Other' into 'Us' through reconstitution is also possible. Finally, anxiety about the 'Other' becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.

This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt. Intisar A. Rabb calls into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through a close examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

The Ayyubid and Mamluk periods were two of the most intellectually vibrant in Islamic history. Megan H. Reid's book, which traverses three centuries from 1170 to 1500, recovers the stories of medieval men and women who were renowned not only for their intellectual prowess but also for their devotional piety. Through these stories, the book examines trends in voluntary religious practice that have been largely overlooked in modern scholarship. This type of piety was distinguished by the pursuit of God's favor through additional rituals, which emphasized the body as an instrument of worship, and through the rejection of worldly pleasures, and even society itself. Using an array of sources including manuals of law, fatwa collections, chronicles, and obituaries, the book shows what it meant to be a good Muslim in the medieval period and how Islamic law helped to define holy behavior. In its concentration on personal piety, ritual, and ethics the book offers an intimate perspective on medieval Islamic society.

This book provides a detailed analysis of Islamic juristic writings on the topic of rape and argues that classical Islamic jurisprudence contained nuanced, substantially divergent doctrines of sexual violation as a punishable crime. The work centers on legal discourses of the first six centuries of Islam, the period during which these discourses reached their classical forms, and chronicles the juristic conflict over whether or not to provide monetary compensation to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the H anafi and Ma liki schools of law. This study examines several critical themes in Islamic law, such as the relationship between sexuality and property, the tension between divine rights and personal rights in sex crimes, and justifications of victim's rights afforded by the two competing doctrines.

Written by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyat doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.