This book gathers 30 texts from across the Muslims world, exemplifying the diversity of Islamic legal thought and practice. It introduces a variety of types of legal literature any researcher in Islamic Law will need to use in order to gain a rounded picture of the historical and societal context of Islamic legal thought and practice.
This volume surveys the diversity of Islamic legal thought and practice, a 1500 - year tradition that has been cultivated throughout the Islamic world. It features translations of Islamic legal texts from across the spectrum of literary genres (including legal theory, judicial handbooks, pamphlets) that represent the range of temporal, geographic and linguistic contexts in which Islamic law has been, and continues to be, developed. Each text has been chosen and translated by a specialist. It is accompanied by an accessible introduction that places the author and text in historical and legal contexts and explains the state of the relevant field of study. An introduction to each section offers an overview of the genre and provides a useful bibliography. The volume will enable all researchers of Islamic law - established academics, undergraduate students, and general readers - to understand the tremendous and sometimes bewildering diversity of Islamic law, as well the continuities and common features that bind it together.
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This book gathers 30 texts from across the Muslims world, exemplifying the diversity of Islamic legal thought and practice.
Introduction Robert Gleave and Omar Anchassi; Part I. Islamic Legal
Theory (Ul al-Fiqh) and Related Genres:
1. The Foundation of Analogy Ziad
Bou Akl;
2. The Insufficiency of Concomitance Alone Walter Edward Young;
3.
Selections from al-Manthr f-l-Qawid of Badr al-Dn al-Zarkash (d.
794/1392) Elias G. Saba;
4. 'Is Every Mujtahid Correct or Not?' and the
implications of holding incorrect theological beliefs for one's fate in the
hereafter, from Qawnn al-Ul of Mrz al-Qumm (d. 1231/1816) Ali-reza
Bhojani;
5. The 'Innovation' of Legal School Affiliation Robert Gleave; Part
II. Islamic Jurisprudence (Fiqh) and Related Genres:
6. The Kitb al-Umma, or
afat al-Madna Rehanna Nurmohamed;
7. Section on lawful food from
al-Mabs f Fiqh al-Immiyya of Muammad b. al-asan al-s (d. 460/1067)
Sumeyra Yakar;
8. 'The Treatise of Refutation of those who Criticise [ Our]
Conduct' (Kitb al-Radd al man aana f l-Sra) attributed to Imam
al-Mutawakkil al Allh, Amad b. Sulaymn (d. 566/1170) Eirik Hovden;
9.
Menstruating Women and Visiting the Mosque Robert Gleave;
10. Section on the
law of rebellion from the Radd al-Mutr of Ibn bidn (d. 1252/1836)
Aysegul Simsek;
11. Offer and Acceptance in Islamic Marriage Robert Gleave;
12. Treatise on Jihad and Migration Magomed Gizbulaev;
13. Alms Tax (zak) in
Sh Law Maryam Rutner;
14. A Difficult Case of Divorce, Tholaq Samvadam of
Abd Allh Musliyr (b. ?) Sayyed Mohamed Muhsin; Part III. Legal Opinions
(Fatws):
15. Ottoman Fatws on the Substitution of Defunct Endowment
Properties, from al-Aqwl al-Mariyya of Qzdah Muammad hir (d.
1254/1834) Hatice Kubra;
16. Settling Disputes among Nomads Ismail Warscheid;
17. Fatws on Aspects of Modern Life Knut S. Vikør;
18. 'According to the
qaul mutamad it is unlawful and invalid' Mohamad Bekti Khudari Lantong;
19.
Women and Leadership Mahmoud Afifi;
20. 'His doctrine is deviant' Mukhsin
Achmed; Part IV. Court Judgements and other Court Documentation:
21. The
Restitituion of Conjugal Rights Sohaira Siddiqui;
22. A Shara Court
Judgement of Muammad usayn Fishrak (d. 1353/1935) reviving the Safavid
Waqf of Mrz Amad Kafrn (d. after 988/1580) Zahir Bhalloo;
23.
Authenticating Marriage Monika Lindbekk;
24. Judgment of the Moroccan Supreme
Council of Shara Appeals, Ruling #52 on Issue #4164 concerning Inheritance,
Slavery, and Paternity (1359/1943) Ari Schriber;
25. Shara, Sales and Loans
in the Malaysian High Court Amir Shaharuddin;
26. A Shara Court Decision on
the Type of 'Compensation' in hul/khul Divorce Asnakech Getnet; Part V.
Judicial Manuals and Reference Books:
27. 'The Discretion of the mâm' Kubra
Nugay;
28. On Criminal Law Mina Khalil;
29. Custody Disputes and the Best
Interest of the Child, from al-Murshid f l-Qa al-Shar by Q Iyad
Zahalka Nijmi Edres;
30. Ibn Khunyan (b. 1376/1956) on Ajudication and
Judicial Organisation, from al-Kshif f Shar Nim al-Murfat
al-Shariyya al-Sad ('A Commentary on the Saudi Code of Shara
Procedure') Dominik Krell;
31. Temporary Marriage in Iranian Family Law
Hannah L. Richter;
32. On Scriptuaries and Pagans as Slave-Concubines Omar
Anchassi; Part VI. Alternative Sources for Islamic Legal Studies: Licenses,
Biographies, Pamphlets, Speeches and Novels:
33. Reform of Islamic Law in
19th century Afghanistan Elham Bakhtary;
34. The 'Permission to Teach' the
Law Robert Gleave;
35. Controversial and Uncontroversial Biographies in
Raynat al-Adab of Mrz Muammad Al Mudarris (d. 1373/1954) Robert
Gleave;
36. Battle of the Qs Mahmood Kooria;
37. Alm al-Nar and the
Islamic State's Justification for Execution by Burning Mathias Ghyoot.
Omar Anchassi is a scholar of Islamic intellectual history with a focus on the disciplines of law (fiqh), theology and Qur'an commentary. He has published on violence, slavery, gender and sexuality in Islamic thought and practice in prestigious venues including Islamic Law and Society, and Edinburgh and Cambridge University Presses. He is currently a Postdoctoral Research Fellow at the University of Exeter, and was previously an Early Career Fellow in Islamic Studies at the University of Edinburgh. For three years, he served as Treasurer of BRAIS (the British Association for Islamic Studies). Robert Gleave is Professor of Arabic Studies at the University of Exeter, UK. He teaches and researches in Arabic and Islamic Studies with a focus on Islamic law and legal theory, Shi'ite Islam and techniques of exegesis in Islamic intellectual history. He is author of Inevitable Doubt (Brill, 2000), Scripturalist Islam (Brill, 2007) and Islam and Literalism (EUP, 2011). He edited the Violence in Islamic Thought series (EUP, 2016 to 2021). Islamic law in Context is one of the outputs of the Understanding Sharia project (funded by the HERA consortium), of which he was Principal Investigator.
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