The Law Applied Contextualizing the Islamic Shari'a

by Bearman, Peri; Heinrichs, Wolfhart; Weiss, Bernard G.

• ISBN13: 9781845117368
• ISBN10: 1845117360
• Format: Hardcover
• Copyright: 2008-03-15
• Publisher: I. B. Tauris

Summary

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.

Author Biography

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.

Table of Contents

Preface
Reform, Renewal, Religion, and Social Discipline: Reflections of a Medievalist	p. 1
The Kindred Concepts of Seisin and Hawz in English and Islamic Law	p. 22
"Legal Realism" in Tehran: Gender Law and the Transformative State	p. 42
Price Setting and Hoarding in Mamluk Egypt: The Lessons of Legal Realism for Islamic Legal Studies	p. 57
Sharecropping in the Dakhla Oasis: Shari'a and Customary Law in Ottoman Egypt	p. 79
Joint Marital Property in Indonesian Customary, Islamic, and National Law	p. 92
A Study of Waki's (d. 306/917) Akhbar al-Qudat	p. 116
The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet	p. 128
Class and Violence in Nineteenth-Century Egypt	p. 150
Shari'a Ethnography	p. 173
Constitutions for the Twenty-First Century: Emerging Patterns - The EU, Iraq, Afghanistan ...	p. 194
Legal Reconstruction and Islamic Law in Afghanistan	p. 216
The Qadi and the Mufti in Akhbari Shi'i Jurisprudence	p. 235
A Perfect Law in an Imperfect Society: Ibn Taymiyya's Concept of "Governance in the Name of the Sacred Law"	p. 259
Talking in Code: Legal Islamisation in Indonesia and the MMI Shari'a Criminal Code	p. 295
Shari'a in the Secular State: A Paradox of Separation and Conflation	p. 321
The Emergence of a New Qur'anic Hermeneutic: The Role and Impact of Universities in West and East	p. 342
Law and Historiography: Legal Typology of Lands and the Arab Conquests	p. 360
Text and Application: Hermeneutical Reflections on Islamic Legal Interpretation	p. 374
Two Theories of the Obligation to Obey God's Commands	p. 397
List of Contributors	p. 423
Index	p. 429
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