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The Development of Islamic Law and Society in the Maghrib - Qadis, Muftis and Family Law (Hardcover, New Ed)
Loot Price: R3,467
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The Development of Islamic Law and Society in the Maghrib - Qadis, Muftis and Family Law (Hardcover, New Ed)
Series: Variorum Collected Studies
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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.
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