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Law, Custom, and Statute in the Muslim World
This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās, court decisions, judicial circulars, biographical dictionaries and chronics. The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.
Women and Islamic Law in a Non-Muslim State
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on...
Legal Documents from the Judean Desert
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.
Sharīʿa and the Islamic State in 19th-Century Sudan
The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.
Islamic Law, Tribal Customary Law and Waqf
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 Druzes in the Jewish State
Following the war of 1948 Palestine's Druzes became part of the state of Israel. Overwhelmingly rural, they sought to safeguard their community's age-old ethnic independence by holding on to their traditional ethno-religious particularism. Ethnicity and ethnic issues, however, were ready tools for the Zionists in the pursuit of their policy aims vis-à-vis the state's Arab population. Central among these was the cooptation of part of the Druze elite in an obvious effort to alienate the Druzes from the other Arabs - creating "good" Arabs and "bad" Arabs served the Jewish state as a foil for its ongoing policy of dispossession and control. The author painstakingly documents the political, social and economic factors that ensured the "success" of these Zionist policies, but concludes that the fissured identity of Israel's Druzes today bespeaks a feeling of musiba, tragedy, within the community itself.
Reconsidering Islam in a South Asian Context
Despite late reconsideration, a dominant paradigm rooted in Orientalist essentialisations of Islam as statically legalistic and Muslims as uniformly transgressive when local customs are engaged, continues to distort perspectives of South Asia's past and present. This has led to misrepresentations of pre-colonial Muslim norms and undue emphasis on colonial reforms alone when charting the course to post-coloniality. This book presents and challenges staple perspectives with a comprehensive reinterpretation of doctrinal sources, literary expressions and colonial records spanning the period from the reign of the 'Great Mughals' to end of the 'British Raj' (1526-1947). The result is an alternative vision of this transformative period in South Asian history, and an original paradigm of Islamic doctrine and Muslim practice applicable more broadly.
A Multicultural Entrapment
A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.
Pluralism, Transnationalism and Culture in Asian Law
This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
