Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.

Fiqh, das Islam(rechts)verstandnis, kann unterschiedlich ausfallen, denn es unterscheidet sich je nach verwendeten Quellen und der Art und Weise, wie diese Quellen verstanden und kombiniert werden. Usul al-Fiqh behandelt die Regeln dieser Konstruktion und ihre Legitimitat. In europaischen Sprachen ist das Angebot fur Lekture zu den Usul al-Fiqh allerdings ausserst rar. Dieses Buch ist daher primar als Fach- und Lehrbuch zu den Kernbereichen der Usul al-Fiqh konzipiert. Es soll verstandlich machen, aus welchen "Bausteinen" Fiqh ergrundet bzw. konstruiert wird - Was sind seine theoretischen Grundlagen, seine Quellen, und nach welchen Methodiken werden diese verstanden und kombiniert? Hierzu werden moegliche unterschiedliche Zugange veranschaulicht, mit Schwerpunkt auf den vier sunnitischen Hauptrechtsschulen.

How can Muslims be both good citizens of liberal democracies and good Muslims? This is among the most pressing questions of our time, particularly in contemporary Europe. Some argue that Muslims have no tradition of separation of church and state and therefore can't participate in secular, pluralist society. At the other extreme, some Muslims argue that it is the duty of all believers to resist Western forms of government and to impose Islamic law. Andrew F. March is seeking to find a middle way between these poles. Is there, he asks, a tradition that is both consistent with orthodox Sunni Islam that is also compatible with modern liberal democracy? He begins with Rawls's theory that liberal societies rely for stability on an ''overlapping consensus'' between a public conception of justice and popular religious doctrines and asks what kinds of demands liberal societies place on citizens, and particularly on Muslims. March then offers a thorough examination of Islamic sources and current trends in Islamic thought to see whether there can indeed be a consensus. March finds that the answer is an emphatic ''yes.'' He demonstrates that there are very strong and authentically Islamic arguments for accepting the demands of citizenship in a liberal democracy, many of them found even in medieval works of Islamic jurisprudence. In fact, he shows, it is precisely the fact that Rawlsian political liberalism makes no claims to metaphysical truth that makes it appealing to Muslims.

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.

This book looks at how Islamic law was practised 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.Drawing on difficult-to-access sources written in a variety of non-Russian languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), the contributors offer 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.

In "Freedom, Equality and Justice in Islam," M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. "Freedom, Equality and Justice in Islam" is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with "The Dignity of Man: An Islamic Perspective" and "Freedom of Expression in Islam."

The author explores the interplay between scriptural exegesis and mystical doctrine in a twelfth-century Sufi commentary on the Qur'an. Previously little-known outside the Persian-speaking world, it is increasingly recognized as a key work in the development of Sufi Qur'anic interpretation. Dr Keeler provides invaluable background for anyone wanting to gain a deeper understanding of Persian mystical poetry and prose, and other major works of Sufi literature.

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

How the Ottomans refashioned and legitimated their rule through mystical imageries of authority The medieval theory of the caliphate, epitomized by the Abbasids (750-1258), was the construct of jurists who conceived it as a contractual leadership of the Muslim community in succession to the Prophet Muhammed's political authority. In this book, Huseyin Yilmaz traces how a new conception of the caliphate emerged under the Ottomans, who redefined the caliph as at once a ruler, a spiritual guide, and a lawmaker corresponding to the prophet's three natures. Challenging conventional narratives that portray the Ottoman caliphate as a fading relic of medieval Islamic law, Yilmaz offers a novel interpretation of authority, sovereignty, and imperial ideology by examining how Ottoman political discourse led to the mystification of Muslim political ideals and redefined the caliphate. He illuminates how Ottoman Sufis reimagined the caliphate as a manifestation and extension of cosmic divine governance. The Ottoman Empire arose in Western Anatolia and the Balkans, where charismatic Sufi leaders were perceived to be God's deputies on earth. Yilmaz traces how Ottoman rulers, in alliance with an increasingly powerful Sufi establishment, continuously refashioned and legitimated their rule through mystical imageries of authority, and how the caliphate itself reemerged as a moral paradigm that shaped early modern Muslim empires. A masterful work of scholarship, Caliphate Redefined is the first comprehensive study of premodern Ottoman political thought to offer an extensive analysis of a wealth of previously unstudied texts in Arabic, Persian, and Ottoman Turkish.

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqasid al-shari'ah' (the overall objective of Shari'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of Islamic civilisation. Based on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. The chapters include contributions from leading experts in the field shed new light on the close and complex relationships very different Islamic groups and movements have enjoyed throughout the centuries.

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.

Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.

For over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.

Food trucks announcing "halal" proliferate in many urban areas but how many non-Muslims know what this means, other than cheap lunch? Here Middle Eastern historians Febe Armanios and Bogac Ergene provide an accessible introduction to halal (permissible) food in the Islamic tradition, exploring what halal food means to Muslims and how its legal and cultural interpretations have changed in different geographies up to the present day. Historically, Muslims used food to define their identities in relation to co-believers and non-Muslims. Food taboos are rooted in the Quran and prophetic customs, as well as writings from various periods and geographical settings. As in Judaism and among certain Christian sects, Islamic food traditions make distinctions between clean and impure, and dietary choices and food preparation reflect how believers think about broader issues. Traditionally, most halal interpretations focused on animal slaughter and the consumption of intoxicants. Muslims today, however, must also contend with an array of manufactured food products-yogurts, chocolates, cheeses, candies, and sodas-filled with unknown additives and fillers. To help consumers navigate the new halal marketplace, certifying agencies, government and non-government bodies, and global businesses vie to meet increased demands for food piety. At the same time, blogs, cookbooks, restaurants, and social media apps have proliferated, while animal rights and eco-conscious activists seek to recover halal's more wholesome and ethical inclinations. Covering practices from the Middle East and North Africa to South Asia, Europe, and North America, this timely book is for anyone curious about the history of halal food and its place in the modern world.

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.

This book explores the contentious topic of women's rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women's movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women's rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.

Allan Christelow examines the Muslim courts of Algeria from 1854, when the French first intervened in Islamic legal matters, through the gradual subordination of the courts and judges that went on until World War I. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.

This book traces the emergence and development of the idea of literal meaning in Islamic legal hermeneutics. Literal meaning is what a text means in itself, regardless of what its author intends to convey or the reader understands to be its message. As Islamic law is based on the central texts of Islam, the idea of a literal meaning that rules over human attempts to understand God's message has resulted in a series of debates amongst modern Muslim legal theorists. In this reading of Islamic legal hermeneutics, Robert Gleave explores various competing notions of literal meaning, linked to both theological doctrine and historical developments, together with insights from modern semantic and pragmatic philosophers. It focuses on Islamic legal writings, with reference to Qur'anic exegesis (tafsir) and Arabic rhetorical works. It describes Muslim debates through the lens of modern Western linguistic philosophy, opening the topic up for Western scholars.

Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Providing a comprehensive and accessible examination of Shari'ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari'ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.

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.

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.