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Islamic Jurisprudence, Islamic Law, and Modernity
Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel...
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Al-Muwaṭṭaʾ, the Royal Moroccan Edition
The first written treatise of Islamic law, Imam Mālik's 8th century CE Muwaṭṭaʾ provides an unparalleled window into the lives, rituals, laws, and customs of Medina's early Muslim community. Based on the 2013 Muwaṭṭaʾ, The Royal Moroccan Edition, this translation with extensive notes makes this early legal text widely accessible.
Public Reason and Courts
A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Marriage and Divorce in a Multi-Cultural Context
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Islam and the Challenge of Democracy
The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collecti...
Gender, Religion, and Family Law
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Converts in the Dead Sea Scrolls
Converts in the Dead Sea Scrolls examines the meaning of the term gēr in the Dead Sea Scrolls. While often interpreted as a resident alien, this study of the term as it is employed within scriptural rewriting in the Dead Sea Scrolls concludes that the gēr is a Gentile convert to Judaism. Contrasting the gēr in the Dead Sea Scrolls against scriptural predecessors, Carmen Palmer finds that a conversion is possible by means of mutable ethnicity. Furthermore, mutable features of ethnicity in the sectarian movement affiliated with the Dead Sea Scrolls include shared kinship, connection to land, and common culture in the practice of circumcision. The sectarian movement is not as closed toward Gentiles as has been commonly considered.
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Note on Transliteration and Usage -- Preface -- Translator's Introduction -- The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers -- Introduction -- Question 1 -- Question 2 -- Question 3 -- Question 4 -- Question 5 -- Question 6 -- Question 7 -- Question 8 -- Question 9 -- Question 10 -- Question 11 -- Question 12 -- Question 13 -- Question 14 -- Question 15 -- Question 16 -- Question 17 -- Question 18 -- Question 19 -- Question 20 -- Question 21 -- Question 22 -- Question 23 -- Question 24 -- Question 25 -- Question 26 -- Question 27 -- Question 28 -- Question 29 -- Question 30 -- Question 31 -- Question 32 -- Question 33 -- Question 34 -- Question 35 -- Question 36 -- Question 37 -- Question 38 -- Question 39 -- Question 40 -- Notes -- Glossary of Names -- Glossary of Terms -- A -- B -- D -- F -- H -- I -- J -- K -- L -- M -- N -- Q -- R -- S -- T -- U -- W -- Z -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W
Transforming Religious Liberties
Proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion.
