This volume provides an overview of the nature and scope of the concept of Sunna both in pre-modern and modern Islamic discussions. The main focus is on shedding more light on the context in which the term Sunna in the major works of Islamic law and legal theory across all of the major madhahib was employed during the first six centuries Hijri.

In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

Der Band ist dem Initiator und Ideengeber der Gesellschaft fur Arabisches und Islamisches Recht, Professor Dr. Hilmar Kruger, gewidmet. Er enthalt Aufsatze, die auf der Jahrestagung des Vereins am 17. und 18. Oktober 2014 in Leipzig gehalten wurden. Zum einen werden Themen, die sich mit der Rolle des Islamischen Rechts in den Rechtsordnungen der modernen arabischen Welt befassen, behandelt. Zum anderen beschaftigen sich die Autoren dieses Buches mit den spezifischen rechtlichen Verhaltnissen, so in AEgypten und in den arabischen Golflandern. Der Band wendet sich sowohl an Juristen, die sich mit der arabischen Welt praktisch oder theoretisch befassen, als auch an Orientalisten und Islamwissenschaftler, die an rechtlichen Entwicklungen und moeglichen rechtlichen Perspektiven der arabischen Lander interessiert sind. Es werden daruber hinaus Fragen der rechtlichen Beziehungen zwischen arabischen Landern und Europa eroertert.

Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire. Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans' longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shari'a, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics-from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens. By unearthing a lost history behind Afghanistan's independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.

From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, "Kitab al-Siyar al-Kabir." Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.

A case study in the textual architecture of the venerable legal and ethical tradition at the center of the Islamic experience, Shari'a Scripts is a work of historical anthropology focused on Yemen in the early twentieth century. While colonial regimes, late Ottoman reformers, and early nationalists wrought decisive changes to the legal status of the shari'a, significantly narrowing its sphere of relevance, the Zaydi school of jurisprudence, rooted in highland Yemen for a millennium, still held sway. Brinkley Messick uses the richly varied writings of the Yemeni past to offer a uniquely comprehensive view of the shari'a as a localized and lived phenomenon. Shari'a Scripts reads a wide spectrum of sources in search of a new historical-anthropological perspective on Islamic textual relations. Messick analyzes the shari'a as a local system of texts, distinguishing between theoretical or doctrinal juridical texts (or the "library") and those produced by the shari'a courts and notarial writers (termed the "archive"). Attending to textual form, he closely examines representative books of madrasa instruction; formal opinion-giving by muftis and imams; the structure of court judgments; and the drafting of contracts. Messick's intensive readings of texts are supplemented by retrospective ethnography and oral history based on extensive field research. Shari'a Scripts also ventures a major methodological contribution by confronting anthropology's longstanding reliance upon the observational and the colloquial, seeking to develop tools for the anthropologist as reader.

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.

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.

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.

Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.

'Abd al-Rahman b. 'Amr al-Awza'i (c.707-774) was Umayyad Syria's most influential jurist, part of a generation of scholars who began establishing the first formal structures for the preservation and dissemination of religious knowledge. Following the Abbasid revolution, they provided a point of stability in otherwise unstable times. Despite his close ties to the old regime, al-Awza'i continued to participate in legal and theological matters in the Abbasid era. Although his immediate impact would prove short-lived, his influence on aspects of Islamic law, particularly the laws of war, endures to this day.

In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ash'ari-Mu'tazili debates on the nature and implications of divine speech, Farahat argues that the Ash'ari attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.

Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Islamic legal theory (usA"l al-fiqh) is literally regarded as 'the roots of the law' whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnAE" and ShAE"'AE" perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.

This title examines the usefulness, challenges and limits of ijtihad for Muslims today. The resurgence of Islam, geopolitical crises involving Muslim nations, violence associated with Islam and the immigration of millions of Muslims to Western countries have generated a strong interest in understanding Islamic law. The challenges of these new realities have impressed upon Muslims the need to rethink classical jurisprudence and a powerful contemporary ijtihad - the process of making a legal decision by independent interpretation of the legal sources. This book explores the limits and controversies of this development in the context of the diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents including Europe and North America. This title explains diverse bodies of Islamic law including fiqh, qanun and siyar. It supplements Arabic terms from the Basic Code with English substitutes. It analyses the forces shaping contemporary ijtihadPresents a jurisprudential guide suitable for jurists, judges, national legislatures, and teachers and students and law and Islamic studies.

Shariah is by now a term that most Americans and Europeans recognize, though few really understand what it means. Often portrayed as a medieval system used by religious zealots to oppress women and deny human rights, conservative politicians, media commentators, and hardline televangelists stoke fear by promoting the idea that Muslims want to impose a repressive Shariah rule in America and Europe. Despite the breadth of this propaganda, a majority of Muslims-men and women-support Shariah as a source of law. In fact, for many centuries Shariah has functioned for Muslims as a positive source of guidance, providing a moral compass for individuals and society. This critical new book by John L. Esposito and Natana Delong-Bas aims to serve as a guide for what everybody needs to know in the conversation about Shariah, responding to misunderstandings and distortions, and offering answers to questions about the origin, nature, and content of Shariah.

Nineteenth-century Istanbul was an intellectual hub of rich discussions about Islam, in which leading reformists had a significant role. Turkey today appears to be an intellectual vacuum to anyone searching for ongoing critical engagement with Islam. The main purpose of this book is to adjust this view of Turkey by showcasing the modern Turkish theologians who challenge mainstream Sunni interpretations of Islam. Labelling these theologians as 'rationalist' rather than 'reformist', the author reveals that their theology is inherently anti-establishment and thus a religiously-oriented challenge to the hegemony of the state-sanctioned Islam: for the rationalists, Turkey's problems have their origins in the Sunni interpretation of Islam. Contemporary Rationalist Islam in Turkey analyses nine prominent scholars of Islam who provide a religious opposition to the Sunni revival in Turkey: Huseyin Atay, Yasar Nuri OEzturk, M. Hayri Kirbasoglu, Ilhami Guler, R. Ihsan Eliacik, OEmer OEzsoy, Mustafa OEzturk, Israfil Balci, and Mehmet Azimli. These scholars' writings are almost exclusively published in Turkish, so this book makes their ideas available in English for the first time. It also examines the scope, methodology and argumentation of the scholars' theology, categorizing their theological interpretations from 'historicist' to 'universalist' and from 'empiricist' to 'rationalist'. In identifying a new 'rationalist' school of Turkish theology and outlining its different manifestations, the book breaks new ground. It fills a significant gap in the literature on Islamic studies and reveals an understudied dimension of Turkey and Turkish Islam beyond the well-known ideas of the AKP and the Gulenists.