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xxi, 215 pages ; 24 cm.
  • A general model
  • Preliminaries
  • Women praying with men : adjacency
  • Women praying with women
  • Women praying with men : communal prayers
  • The historical development of Ḥanafī reasoning
  • From laws and values
  • The logic of law making
  • Appendix. The authenticity of early Ḥanafī texts : two books of al-Shaybānī.
This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.
(source: Nielsen Book Data)9781107009097 20160612
Law Library (Crown)
xiv, 211 p. ; 23 cm.
  • The formation of Islamic law
  • Divine sovereignty and human subordination
  • The textualist/intentionalist bent
  • The venture beyond the texts
  • probabilism and the limits of certainty
  • Juristic authority and the diversity of schools
  • The moralistic bent
  • Private and public dimensions of the law.
This study focuses on a Muslim legal science known in Arabic as "usul al-fiqh", which elaborates the theoretical and methodological foundations of Islamic law. It outlines the main features of Muslim juristic thought, including the espousal of divine sovereignty and a fixation on divine texts.
(source: Nielsen Book Data)9780820319773 20160528
This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law. "The Spirit of Islamic Law" outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals - especially family relations and contracts - coupled with a concern to define the limits of governmental power.
(source: Nielsen Book Data)9780820328270 20160528
Law Library (Crown)
xii, 137 p. ; 24 cm.
  • Introduction
  • Marriage, divorce, and the gender division of property
  • Working women, single women, and the rise of the female ribat
  • The monetization of marriage
  • Divorce, repudiation, and settlement
  • Repudiation and public power
  • Conclusion.
High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage, Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.
(source: Nielsen Book Data)9780521847155 20160612
Law Library (Crown)
xii, 185 p. : map ; 25 cm.
  • 1. Introduction-- 2. The elements of the duty of forbidding wrong-- 3. How is wrong to be forbidden-- 4. When is one unable to forbid wrong-- 5. What about privacy?-- 6. The state as an agent of forbidding wrong-- 7. The state as an agent of wrongdoing-- 8. Is anyone against forbidding wrong?-- 9. What was forbidding wrong like in practice?-- 10. What has changed for the Sunnis in modern times?-- 11. What has changed for the Imamis in modern times?-- 12. Do non-Islamic cultures have similar values?-- 13. Do we have similar values?
  • (source: Nielsen Book Data)9780521536028 20160528
Michael Cook's magisterial study in Islamic ethics, Commanding Right and Forbidding Wrong in Islamic Thought, was published to much acclaim in 2001. It was described by one reviewer as a masterpiece. In that book, the author reflected on the Islamic injunction, incumbent on every Muslim, to forbid wrongdoing. The present book is a short, accessible survey of the same material. Using anecdotes and stories from Islamic sources to illustrate the argument, Cook unravels the complexities of the subject. Moving backwards and forwards through time, he demonstrates how the past informs the present. By the end, the reader will be familiar with a colourful array of characters from Islamic history ranging from the celebrated thinker Ghazzali, to the caliph Harun al-Rashid, to the Ayatollah Khumayni. The book educates and entertains - at its heart, however, is an important message about the Islamic tradition, its values, and the relevance of those values today.
(source: Nielsen Book Data)9780521536028 20160528
Law Library (Crown)