Authors: Peri Bearman, Wolfhart Heinrichs, Bernard G. Weiss
ISBN-13: 9781845117368, ISBN-10: 1845117360
Format: Hardcover
Publisher: I. B.Tauris & Company, Limited
Date Published: March 2008
Edition: (Non-applicable)
Peri Bearman is Associate Director of the Islamic Legal Studies Program (ILSP) at Harvard Law School. Bernard Weiss is Professor of Languages & Literature at the University of Utah. Wolfhart Heinrichs is James Richard Jewett Professor of Arabic in the Department of Near Eastern Languages and Civilizations at Harvard University.
Book Synopsis
A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as ‘fiqh.’ This volume is interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal response (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, The Law Applied offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.
Table of Contents
Preface William P. Alford vii
Foreword ix
Reform, Renewal, Religion, and Social Discipline: Reflections of a Medievalist Charles Donahue, Jr. 1
The Kindred Concepts of Seisin and Hawz in English and Islamic Law John Makdisi 22
"Legal Realism" in Tehran: Gender Law and the Transformative State Louise Halper 42
Price Setting and Hoarding in Mamluk Egypt: The Lessons of Legal Realism for Islamic Legal Studies Kristen Stilt 57
Sharecropping in the Dakhla Oasis: Sharia and Customary Law in Ottoman Egypt Rudolph Peters 79
Joint Marital Property in Indonesian Customary, Islamic, and National Law Mark E. Cammack R. Michael Feener 92
A Study of Waki's (d. 306/917) Akhbar al-Qudat Muhammad Khalid Masud 116
The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet Aharon Layish 128
Class and Violence in Nineteenth-Century Egypt Amira El-Azhary Sonbol 150
Sharia Ethnography Brinkley Messick 173
Constitutions for the Twenty-First Century: Emerging Patterns-The EU, Iraq, Afghanistan... Chibli Mallat 194
Legal Reconstruction and Islamic Law inAfghanistan Martin Lau 216
The Qadi and the Mufti in Akhbari Shii Jurisprudence Robert Gleave 235
A Perfect Law in an Imperfect Society: Ibn Taymiyya's Concept of "Governance in the Name of the Sacred Law" Baber Johansen 259
Talking in Code: Legal Islamisation in Indonesia and the MMI Sharia Criminal Code Tim Lindsey Jeremy Kingsley 295
Sharia in the Secular State: A Paradox of Separation and Conflation Abdullahi Ahmed An-Naim 321
The Emergence of a New Quranic Hermeneutic: The Role and Impact of Universities in West and East Bernard K. Freamon 342
Law and Historiography: Legal Typology of Lands and the Arab Conquests Nimrod Hurvitz 360
Text and Application: Hermeneutical Reflections on Islamic Legal Interpretation Bernard G. Weiss 374
Two Theories of the Obligation to Obey God's Commands Aron Zysow 397
List of Contributors 423
Index 429
Subjects