Introduction

2008 ◽  
Vol 15 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Ido Shahar ◽  
Iris Agmon

AbstractIn this essay, we aim at placing the articles included in this theme issue in the wider context of the field by examining two general questions: First, why has the shari'a court and its associated socio-legal arena received little scholarly attention until the 1990s? Second, why has this situation changed in the last decade? Until recently, most scholars working in Islamic legal history, social history and legal anthropology were hardly interested in the courts and their legal practices. We argue that this omission was caused by the academic traditions that shaped these three sub-disciplines and that established a division of labor between and among them. In addition, we argue that the recent spike in interest in shari'a courts in all three sub-disciplines is a result of internal criticism within each field and of broad methodological and epistemological changes in the humanities and social sciences.

Author(s):  
Tom Johnson

This chapter considers the implications of the ‘material turn’ in the humanities and social sciences for the study and writing of legal history. It suggests three paths forward for how legal historians might incorporate these insights into their research. These approaches are labelled as ‘categorizing’, ‘materializing’, and ‘filing’. ‘Categorizing’ refers to the possibility of redrawing ontological categories which could open up new ways of understanding law in the past. ‘Materializing’ looks at an analytical approach in which law is understood as a phenomenon composed of the material things it draws into itself. ‘Filing’ looks at the materiality of legal systems, both through their processes of record creation and their performative praxis, focusing attention on the co-constitutive nature of law and its material-bureaucratic apparatus.


2019 ◽  
Vol 39 (2) ◽  
pp. 349-353
Author(s):  
Julia Stephens

Abstract This Kitabkhana contribution situates Beshara Doumani's Family Life in the Ottoman Mediterranean: A Social History within recent trends in the field of legal history. Doumani's hybrid method, which combines quantitative analysis with qualitative case studies, presents a particularly fruitful model for new work in the field.


2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Marina Rustow

Marina Rustow notes how prevalent scholarly attention is to long-form texts of Islamic law—attention that she argues, comes at the expense of studying Islamic legal documents in a sufficient manner. Study of the documents is an indispensable enterprise if we are to fully understand “how law worked in practice.” In view of what we know to have been “heaps” of documents produced by Muslim judges and notaries, Rustow underscores how particularly noticeable a disjuncture there is between those documents and the long-form texts. Moreover, scholars often skip over and thus fail to avail themselves of the utility of documents in adding texture to social and legal history. She cautions social historians against “pseudo-knowledge,” that is, the temptation to overlook complex factors, usually embedded in legal documents, that render our otherwise tame scholarly perception of the past truer but more “unruly.” In the end, her invitation to join her in the study of documents and thereby improve the state of Islamic legal history is terse and timely: “Please go find yourself some documents.”


2015 ◽  
Vol 3 (2) ◽  
pp. 256-261
Author(s):  
Zaka Rauf ◽  
MUSA YUSUF

Attempts of undue separation of the philosophy of education and curriculum theory and development in the teaching of systematic functional education have been seriously criticized. This has been so because it is not in the best interest in the teaching of an intelligent and national curriculum which forms the bedrock to the development of a truly vibrant educational system in Nigeria. This paper, therefore, is an attempt to investigate the relevance of the philosophy of education to the development of an intelligent curriculum which is imperative to the teaching of functional education in the technical, the sciences, the humanities and social sciences towards the revitalization of the Nigerian educational sector. 


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