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“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legisl...
This book was first published in Turkish under the title Bilinmeyen Osmanlı, co-authored by Prof. Dr. Said Öztürk, and 250,000 copies were printed. I answered 290 questions whereas Öztürk answered 13 in total. He collaborated regarding source details and references as well as tirelessly proofreading and editing the book. In addition, this book was later translated into Arabic; the first edition was published by Osmanlı Araştirmalari Vakfi (OSAV), Istanbul, and the second will be published by Dār al-Shouroq in Cairo. The English version of this book has almost become a separate work from the aforementioned versions. Although the main part was translated into English by Ismail Ercan, t...
This volume introduces a unique comparative perspective to the complexities of gender relations in Muslim, Jewish, and Christian communities by examining women's property rights in different societies across the entire medieval and early modern Mediterranean.
This work focuses on the factors that were responsible for the collapse and downfall of the Ottoman Empire. It explores how its society and politics led to the paradigm shift giving rise to the making of the Turkish Republic emerging out of the ashes of the empire. This book will be of interest to those wishing to learn more about the Ottoman transition.
An American Biblical Orientalism: The Construction of Jews, Christians, and Muslims in Nineteenth-Century American Evangelical Piety examines the life and work of Eli Smith, William McClure Thomson, and Edward Robinson and their descriptions of the “Bible Lands.” While there has been a great deal written about American travelogues to the Holy Lands, this book focuses on how these three prominent American Protestants described the indigenous peoples, and how those images were consumed by American Christians who had little direct experience with the “Bible Lands.” David D. Grafton argues that their publications (Biblical Researches, Later Biblical Researches, and The Land and the Book)...
For the last two centuries, Turkish residents have been dreaming of the realization of the rule of law. Through a collection of essays, Ottoman and Turkish Law explores this dream and shows that when Turks and their state start to believe law is above all, change will occur. In these essays, author Fatih Öztürk provides unique perspectives on why Turkey, in the aftermath of Ottoman decline, requires a closer examination of its practices under the modern rule of law. Compiled and evaluated while Öztürk was living in Ireland, the articles, written from a constitutional law point of view, revolve around the question of how fundamental rights in a liberal democracy can be protected. Furthering the goal of achieving greater protection of human rights in modern democracies, Ottoman and Turkish Law approaches the rule of law from the international perspective. It draws attention to the inability of the Turkish legal system to rid itself of arcane and outdated legal interpretations, practices, and traditions. It provides impetus for Turkey to move toward a more thorough, modern, and socially as well as historically relevant approach.
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The boo...
There is no explicit separation in Islâmic law between public and private law, but a special system has been used throughout history. Some scholars use the term Muslim personal law, which derived from the term al-aḥwâl al-shaḫṣiyyah in Fiqh books. But we prefer Islâmic private law; because Muslim personal law indicates different legal meaning – rules governing natural and legal persons. In this book, we will elaborate on Islâmic rules relating to seven branches of private law: personal law, family law, inheritance law, obligations and contracts’ law, property law, commercial law, and international private law. We will explain or summarize Islâmic rules in this book, rather tha...
This book constitutes a study of Southeast Asia, discussing the Malay world's long historical connection with the Muslim people including the Rumi-Turks, Hadramis and the Ottomans. These connections reflect religious, political and legal cooperations. It also discusses the Ottomans' policy of pan-Islamism and the role of Sultan Abdulhamid II in improving ties with the Malay world and their scholars, rulers and heritage, in the fight against Western colonial powers. In seven essays, the contributors to this book discuss the early religious-intellectual network in the region as well as the evolution of the judicial and political systems.
The spread of Islam and the process of Islamisation (meaning both conversion to Islam and the adoption of Muslim culture) is explored in the twenty-four chapters of this volume. Taking a comparative perspective, both the historical trajectory of Islamisation and the methodological problems in its study are addressed, with coverage moving from Africa to China and from the seventh century to the start of the colonial period in 1800. Key questions are addressed. What is meant by Islamisation? How far was the spread of Islam as a religion bound up with the spread of Muslim culture? To what extent are Islamisation and conversion parallel processes? How is Islamisation connected to Arabisation? What role do vernacular Muslim languages play in the promotion of Muslim culture? The broad, comparative perspective allows readers to develop a thorough understanding of the process of Islamisation over eleven centuries of its history.