scholarly journals New Approaches to Islamic Law and the Documentary Record before 1500

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.”

2014 ◽  
Vol 21 (3) ◽  
pp. 209-251 ◽  
Author(s):  
Aria Nakissa

In this article, I combine textual research with ethnographic data collected at al-Azhar and Dār al-ʿUlūm to investigate how the modernization of traditional religious learning has transformed the character of Islamic legal doctrine. I argue that changes in educational techniques have produced a shift in “episteme”. Whereas traditional religious learning was dominated by language-based conceptions of knowledge, modern reforms have reoriented education towards new conceptions modeled on the natural sciences. This transformation has fundamentally altered patterns of legal reasoning, particularly with respect to ijtihād and taqlīd. I use these observations to urge a rethinking of the perspectives on ijtihād and taqlīd that currently structure Western research on Islamic legal history. 



Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.


2014 ◽  
Vol 3 (2) ◽  
pp. 124-138
Author(s):  
Muhammad Zubair Abbasi

The growing numbers of Muslims in the West have ignited a debate about the compatibility of Sharī‘a with state law. The present article explores the issue from a historical perspective by providing a brief survey of Islamic legal history. It specifically focuses on the interaction of Sharī‘a with the English legal system in colonial India. The main argument of the article is that during its long history, Sharī‘a co-existed with the ruler’s law (siyāsa) and customary law (‘urf). It was formally incorporated into the structure of the state with the active participation of Muslim legal commentators, judges, lawyers, politicians, and the ‘ulamā’ in colonial India. The incorporation of Sharī‘a into the state law was facilitated through the transplantation of legislative and hierarchical judicial institutions, which provided venues for a legal discourse among various stakeholders. Historical evidence suggests the feasibility of incorporating Sharī‘a into state law in Western democratic countries.


2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Ludwig Zoeller

AbstractThis review paper intends to summarize the state of the art in loess research at the first international “Loess-fest’99” conference and to outline progress in loess research during the past decade. The focus is on loess as a terrestrial archive of climatic and environmental change during the Quaternary. The review highlights remarkable new results from regional investigations into European loess, as well as the emergence of new methods and refinements of established techniques, focussing on stratigraphy, dating and palaeoenvironment. It is concluded that loess research during the past decade not only has developed rapidly to take an outstanding place in Quaternary sciences, but also promises exciting perspectives for the next decade, in particular when combined approaches are applied to benefit from the now comprehensive pool of established and new methods.


1989 ◽  
Vol 31 (3) ◽  
pp. 535-571 ◽  
Author(s):  
David S. Powers

One of the earliest and most highly developed areas of orientalist scholarly production was the study of Islamic law. Modern western investigation of Islamic law emerged during the era of European colonial expansion, and the first studies of the subject were written by citizens of the colonial powers, many of whom had lived in the colonies for extended periods. These men produced the first translations of legal texts, the first studies of individual legal institutions, and the first comprehensive studies of Islamic law, thereby laying the foundations for the modern discipline of Islamic legal history. Surprisingly, students of orientalism have devoted little attention to the colonials'viewsof Islamic law—that is, to the attitudes and assumptions that underlay their writings and interpretations—or to the impact of those views on the development of Islamic legal studies as a discipline.


2020 ◽  
Vol 18 (2) ◽  
pp. 169-188
Author(s):  
Nasirudin Al Ahsani

Islam is a religion that gives mercy to all creation, a religion that teaches peace, safety and prosperity. In recent years, there have been many wicked individuals trying to destroy Islam. Unlike in the past where waging war on Islam were done only with swords, today's war against Islam is more powerful, that is by planting seeds of doubt in every Muslim's heart. Both in terms of aqidah (Creed) and Sharia (Islamic law). The current study is a library research. The main sources of this research data were taken from the kutub al sittah (the authentic six): Ṣaḥīḥ Bukhārī, Ṣaḥīḥ Muslim, Sunan Abī Dāwūd, Sunan al-Nasāʾi, Sunan al-Tirmidhi, and Sunan Ibn Mājah. Meanwhile, the secondary sources were taken from the takhrij and shurūḥ al-hadīth books. The conclusion of the current study reveals that the death penalty for those who turn back from Islam or apostates can be applied if they meet two conditions: 1) Leaving Islam either by word or deed; 2) Committing criminal acts, such as: dividing Muslims, creating chaos, damage, disobeying the state, and helping the enemy in fighting the Muslims. The author concludes that neither the verses in the Qur'an nor the hadiths of the Prophet PBUH immediately order the killing of a person who turns back from Islam, unless that person commits insubordination, is in league with the enemy and other similar things.


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.


2013 ◽  
Vol 55 (3) ◽  
pp. 579-602 ◽  
Author(s):  
Guy Burak

AbstractThis article proposes a comparative analytical framework to study changes in Islamic law during the post-Mongol period, particularly the rise of the official school of law (or statemadhhab). Taking as my case study the Ottoman adoption of a particular branch within the Sunni Hanafi school of law, I suggest that this adoption marks a new chapter in Islamic legal history. In earlier periods, while rulers appointed judges and thus regulated the adjudication procedures, they did not intervene, at least theoretically, in the structure and doctrine of the schools of law, which remained the relatively autonomous realm of the jurists. The Ottoman adoption of the school, by contrast, was not merely an act of state patronage, since the dynasty played an important role in regulating the school's structure and doctrine. To this end, it employed a set of administrative and institutional practices, such as the development of an imperial learned hierarchy with standardized career and training tracks and the appointment of jurisconsults (muftis). Some of these practices were found in other polities across the eastern Islamic lands in the post-Mongol period, but these similarities have not been treated comparatively in modern historiography. They suggest that the Ottoman case was part of a broader legal culture that spanned several polities across the region. This article outlines a framework that will enable historians of Islamic law to treat these similarities in a more coherent manner. The framework raises key issues in the historiography of Islamic law and its nineteenth-century modernization.


2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah


Author(s):  
VICTOR BURLACHUK

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.


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