The Criterion For Distinguishing Legal Opinions From Judicial Rulings And The Administrative Acts Of Judges And Rulers

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Note on Transliteration and Usage -- Preface -- Translator's Introduction -- The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers -- Introduction -- Question 1 -- Question 2 -- Question 3 -- Question 4 -- Question 5 -- Question 6 -- Question 7 -- Question 8 -- Question 9 -- Question 10 -- Question 11 -- Question 12 -- Question 13 -- Question 14 -- Question 15 -- Question 16 -- Question 17 -- Question 18 -- Question 19 -- Question 20 -- Question 21 -- Question 22 -- Question 23 -- Question 24 -- Question 25 -- Question 26 -- Question 27 -- Question 28 -- Question 29 -- Question 30 -- Question 31 -- Question 32 -- Question 33 -- Question 34 -- Question 35 -- Question 36 -- Question 37 -- Question 38 -- Question 39 -- Question 40 -- Notes -- Glossary of Names -- Glossary of Terms -- A -- B -- D -- F -- H -- I -- J -- K -- L -- M -- N -- Q -- R -- S -- T -- U -- W -- Z -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W

The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

What happens when authorities you venerate condone something you know is wrong? Every major religion and philosophy once condoned or approved of slavery, but in modern times nothing is seen as more evil. Americans confront this crisis of authority when they erect statues of Founding Fathers who slept with their slaves. And Muslims faced it when ISIS revived sex slavery, justifying it with verses from the Quran and the practice of Muhammad. Exploring the moral and ultimately theological problem of slavery, Jonathan A.C. Brown traces how the Christian, Jewish and Islamic traditions have tried to reconcile modern moral certainties with the infallibility of God’s message. He lays out how Islam viewed slavery in theory, and the reality of how it was practiced across Islamic civilization. Finally, Brown carefully examines arguments put forward by Muslims for the abolition of slavery.

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.

Living with the Law explores the marital disputes of Jews in medieval Islamic Egypt (1000-1250), relating medieval gossip, marital woes, and the voices of men and women of a world long gone. Probing the rich documents of the Cairo Geniza, a unique repository of discarded paper discovered in Cairo synagogue, the book recovers the life stories of Jewish women and men working through their marital problems at home, with their families, in the streets of old Cairo and in Jewish and Muslim courts. Despite a voluminous literature on Jewish law, the everyday practice of Jewish courts has only recently begun to be investigated systematically. The experiences of those at a legal, social, and cultural disadvantage allow us to go beyond the image propagated by legal institutions and offer a view "from below" of Jewish communal life and Jewish law as it was lived. Examining the interactions between gender and law in medieval Jewish communities under Islamic rule, Oded Zinger considers how women experienced Jewish courts and the pressure they were under to relinquish their monetary rights at court and at home. The tactics with which women countered this pressure, ranging from exploiting family ties to appealing to Muslim courts, expose the complex relationship between individual agency, gendered expectations, and communal authority. Zinger concludes that more than money, education, or lineage, it was the maintenance of a supportive network of social relations with men that protected women at different stages of their lives.

Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.