Islamic Law, Tribal Customary Law and Waqf

by Aharon Layish

Author	: Aharon Layish
Publisher	: BRILL
Total Pages	: 648
Release	: 2023-10-30
Genre	: Law
ISBN	: 9004680926

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In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

Land, Law and Islam

by Hilary Lim

Author	: Hilary Lim
Publisher	: Zed Books Ltd.
Total Pages	: 247
Release	: 2013-07-18
Genre	: Law
ISBN	: 1848137206

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Islamic Law, Tribal Customary Law And Waqf

by Aharon Layish

Author	: Aharon Layish
Publisher	: Studies in Islamic Law and Soc
Total Pages	: 0
Release	: 2023
Genre	: Law
ISBN	: 9789004314054

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In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists' law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

The Beginnings of Islamic Law

by Lena Salaymeh

Author	: Lena Salaymeh
Publisher	: Cambridge University Press
Total Pages	: 257
Release	: 2016-11-14
Genre	: History
ISBN	: 1107133025

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This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Waqf in Zaydī Yemen

by Eirik Hovden

Author	: Eirik Hovden
Publisher	:
Total Pages	: 0
Release	: 2019
Genre	: Islamic law
ISBN	: 9789004377721

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This book focuses on the historical development, codification and present day perceptions of Islamic law in Zaydī Yemen in the field of waqf, the relation between theory and practice over time and the development of central waqf administration.

Law, State, and Society in Modern Iran

by H. Enayat

Author	: H. Enayat
Publisher	: Springer
Total Pages	: 276
Release	: 2013-07-17
Genre	: History
ISBN	: 1137282029

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Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.

Waqf in Zaydī Yemen

by Eirik Hovden

Author	: Eirik Hovden
Publisher	: BRILL
Total Pages	: 437
Release	: 2018-10-22
Genre	: Law
ISBN	: 9004377840

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Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.

An Introduction to Islamic Law

by Wael B. Hallaq

Author	: Wael B. Hallaq
Publisher	: Cambridge University Press
Total Pages	: 209
Release	: 2009-07-09
Genre	: Law
ISBN	: 1139489305

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The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Legal Documents from the Judean Desert

by Aharon Layish

Author	: Aharon Layish
Publisher	: BRILL
Total Pages	: 606
Release	: 2011-07-12
Genre	: Law
ISBN	: 9004185712

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This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.