In this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.

Written in the second Islamic century by al-Imam al-Shafi'i (d. 204AH/820AD), the founder of one of the four Sunni schools of law, this important work gives the fundamental principles of Islamic jurisprudence and its influence continues to the present day. During the early years of the spread of Islam, the exponents of Islamic legal doctrine were faced with the problems raised by ruling and administering a diverse and rapidly growing empire. In Medina and Kufa, as well as other cities of early Muslim rule, schools of law had to be developed, but it took the genius of Muhammad b. Idris al-Shafi'i, born in the year 150AH/767AD, to establish the principles by which the various legal doctrines could be synthesised into a coherent system. In the Risala, which laid down the basis for such a synthesis, al-Shafi'i established the overriding authority, next only to the Qur'an, of the Sunna or example of the Prophet Muhammad as transmitted in the traditions.
Professor Majid Khadduri has done an admirable service in making this valuable work available in English, His excellent translation uses not only the original manuscripts of Ibn Jama'a and al-Rabi, found at Dar al-Kutub, the National Library in Cairo, but also authoritative editions published earlier in this century, namely the Bulaq and Shakir editions. In his introduction, Professor Khadduri outlines the historical background of the Risala and gives a biography of al-Imam al-Shafi'i as well as annotated, detailed summaries of the composition, structure, substance and argument of the text. He also includes a list of transmitters of traditions, a glossary of the most important Islamic legal terms and a select bibliography. For this newedition, the index has been expanded and a small corrigenda added.

This monograph examines the dynamics involved in implementing Islamic law in Southeast Asia, and how this issue has become a source of conflict in Kelantan, Malaysia and Aceh, Indonesia. Using textual and fieldwork methodology, the study compares and contrasts the collective experience of trying to apply Islamic law in these two locations. --In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. --Through an analysis of the conditions that have made the emergence of Islamic law in Kelantan and Aceh possible, the author helps extend previous studies on this issue by providing a sociological understanding of religious law as a source of both conflict and identity. --Kamaruzzaman Bustamam-Ahmad is a Ph.D. student at La Trobe University, Australia.-

In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing "law in the making" and the shifts in debates (2012-2018). In 2012, a ruling on khul'-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to "harmonize" international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.

Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.

Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. It urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power. With a new preface from the author addressing developments in the Arab Spring.

The discipline of 'principles of Islamic jurisprudence' ("usul al-fiqh") constitutes the theoretical basis of Islamic law ("Shari'ah") and the indisputable foundation on which it is based. One of the most important branches of "usul al-fiqh" is the study of the usage of language. "Language and the Interpretation of Islamic Law" is the first work to appear in the English language dealing with this important aspect of Islamic law. Dr Sukri Husayn Ramic gives us the background to the terminology used by the different schools of Islamic law and then discusses the different applications of language in legal reasoning and the interpretation of Islamic law.