Author: James Baldwin
Publisher: Edinburgh University Press
Release Date: 2016-12-05
Genre: Social Science
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Author: Reem A. Meshal
Publisher: Oxford University Press
Release Date: 2014-01
In this book, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
Author: Wael B. Hallaq
Publisher: Columbia University Press
Release Date: 2012-11-20
Genre: Political Science
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.
Author: Madeline C. Zilfi
Release Date: 1997
Genre: Social Science
This collection of articles by 14 Middle East historians is a pathbreaking work in the history of Middle Eastern women prior to the contemporary era. The collection seeks to begin the task of reconstructing the history of (Muslim) women's experience in the middle centuries of the Ottoman era, between the mid-seventeenth century and the early nineteenth, prior to hegemonic European involvement in the region and prior to the "modernizing reforms' inaugurated by the Ottoman regime.
Author: Richard A. Debs
Publisher: Columbia University Press
Release Date: 2010-07-28
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
This book was first published in Turkish under the title Bilinmeyen Osmanlı, co-authored by Prof. Dr. Said Öztürk, and 250,000 copies were printed. I answered 290 questions whereas Öztürk answered 13 in total. He collaborated regarding source details and references as well as tirelessly proofreading and editing the book. In addition, this book was later translated into Arabic; the first edition was published by Osmanlı Araştirmalari Vakfi (OSAV), Istanbul, and the second will be published by Dār al-Shouroq in Cairo. The English version of this book has almost become a separate work from the aforementioned versions. Although the main part was translated into English by Ismail Ercan, the book needed a number of improvements and rewriting of some articles after referring to Western sources on the various subjects. Hence, I changed the title as well as the format of the book mainly for this reason. But I have indicated which articles were written by Prof. Öztürk. As preparation for this book, the questions it deals with have been discussed in academic research ever since 1983, and, in addition, hundreds of conferences have been held throughout Anatolia. As a result, over 5000 questions have accumulated in our “question desk,” submitted in written form by both readers and listeners. For example, the issue of ḥarem comes first, with 503 questions. The issue of whether the Ottoman Sulṭāns, particularly Bayezid the Thunderbolt, drank alcohol ranked second, with 276 questions. These were followed by such questions as fratricide rights and freedoms in the Ottoman state, the issue of the Sulṭāns going on pilgrimage, if Sulṭān Waḥīduddin was a traitor, etc. Needless to say, we have been inspired by similar research done in this field. This book will consist of four parts. In Part One we will deal with weighty questions on the political history of the Ottoman state and the replies to them. However, such questions are most frequently asked about each Sulṭān – even if they are related to law or economics. For instance, we will not ignore the issue of fratricide in his law when discussing Meḥmed the Conqueror and the charges of the genocide of the Kurds when it comes to Selim the Excellent. In Part Two we will deal with the questions on social life in the Ottoman state and the ḥarem. In Part Three we will look at those issues regarding the Ottoman legislative system and the organization of the state. In Part Four we will answer some questions about the economy and financial law of the Ottoman state. Unfortunately, we will not deal with all the questions we have received in all the aforesaid fields owing to insufficient space. Yet it is our view that if something cannot be achieved completely, we should not give up entirely and resign ourselves to what has been done. There are 307 differents subjects in this book; some of them as below: - War (jihād) in the Ottoman state and the legal principles of the policy of conquest in the Ottoman state - The Devşirme (Conscription) System - The allegations that the Ottoman state adhered to the Bektaşi and Aleviyye traditions during the years of its foundation until Sulṭān Selim the Excellent and that the Abdalan-ı Rum consisted of Bektaşi Babas and Alevi Dedes. - On rumors that some Ottoman Sulṭāns were addicted to alcohol and even held illegitimate carousals at the Palace. - The legality of fratricide in the Ottoman state and some claims by some historians regarding savagery and massacre for the sake of claiming the Sultanat. - There are claims that Sulṭān Meḥmed the Conqueror was sympathetic toward Christianity and corresponded with the Pope. - On the Ottoman State offering assistance to the Andalusian state that was destroyed in 1492. - Ottoman Harem. - Ottoman legal codes. - Ottoman legal system and Islamic law. - Which events sowed the seeds of hatred between Arabs and Turks, both of whom are Muslims? - The reasons for the decline and fall of the Ottoman State. - The capitulations as one reason for terminating the Ottoman State.
Author: Kristen Stilt
Publisher: OUP Oxford
Release Date: 2012-01-12
A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
Author: Martin Meredith
Publisher: Simon and Schuster
Release Date: 2014-09-11
In this vast and vivid panorama of history, Martin Meredith, bestselling author of The State of Africa, follows the fortunes of Africa over a period of 5,000 years. With compelling narrative, he traces the rise and fall of ancient kingdoms and empires; the spread of Christianity and Islam; the enduring quest for gold and other riches; the exploits of explorers and missionaries; and the impact of European colonisation. He examines, too, the fate of modern African states and concludes with a glimpse into their future. This is history on an epic scale.
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
Release Date: 2008-02-01
The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.
Author: David Grafton
Release Date: 2003
Genre: Political Science
This book examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, how do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the Presidency?