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The Anthropology of Islamic Law

Author: Aria Nakissa

Publisher: Oxford University Press

Published: 2019-04-05

Total Pages: 304

ISBN-13: 0190932899

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

The Anthropology of Justice

Author: Lawrence Rosen

Publisher: Cambridge University Press

Published: 1989-06-15

Total Pages: 136

ISBN-13: 9780521367400

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Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Islam, Law, and Equality in Indonesia

Author: John Richard Bowen

Publisher: Cambridge University Press

Published: 2003-05-29

Total Pages: 314

ISBN-13: 9780521531894

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This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

History of Islamic Law

Author: Noel Coulson

Publisher: Edinburgh University Press

Published: 2014-03-11

Total Pages: 280

ISBN-13: 0748696490

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The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

God's Property

Author: Nada Moumtaz

Publisher: Univ of California Press

Published: 2021-08-10

Total Pages: 304

ISBN-13: 0520345878

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Waqf, a non-definition -- State, law, and the "Muslim community" -- The intent of charity -- Charity and the family -- The "Waqf's benefit" and public benefit -- Conclusion -- Appendix A. Main Ottoman Mutūn and their main commentaries and glosses -- Appendix B. Umari mosque expenditures and appointments.