Contingency In A Sacred Law

A focus on the way in which Muslim scholars of the Hanafite school of Muslim law, from the 10th-12th centuries, adapted their legal norms to changing circumstances and distinguished between legal and ethical norms, religious and legal status, legal propositions and religious judgment. The introduction links this debate to the sociology of law and spells out the distinction between theology and law in Islam.

This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

Explores the eleventh century Abbasid Empire and the intersection between politics, theology, and law in the thought of Abu Ma'ali al-Juwayni.

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of Islamic criminal law in the Sudan through the penal codes of 1983 and 1991; he examines their application and interpretations in the case law of the Sudan’s Supreme Court.

The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In Islamic Law and the Crisis of the Reconquista, Alan Verskin examines the way in which the Iberian school of Mālikī law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims.

In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari'a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.

This highly-praised and authoritative account surveys the history of the Ottoman Empire from its obscure origins in the 14th century, through its rise to world-power status in the 16th century, to the troubled times of the 17th century. Going beyond a simple narrative of Ottoman achievements and key events, Colin Imber uses original sources and research, as well as the rapidly growing body of modern scholarship on the subject, to show how the Sultans governed their realms and the limits on their authority. A helpful chronological introduction provides the context, while separate chapters deal with the inner politics of the dynasty, the court and central government, the provinces, the law courts and legal system, and the army and fleet. Revised, updated and expanded, this new edition now also features a separate chapter on the Arab provinces and incorporates the most recent developments in the field throughout. New to this Edition: - An increased focus on religion, and on non-Muslim communities - More on the provinces and culture - An expanded taxation chapter, with more on charitable trusts, trade and the economy - Updated references throughout