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This volume analyzes the political and socio-economic roles of the Muslim community of Jerusalem in the Ottoman period by focusing upon the rebellion of 1834 against Muhammad Ali from a natural law perspective using the archives of the Islamic court.
Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
This is an analytical examination of Ibn Khaldun's epistemology, centred on Chapter Six of the Muqaddima. In this chapter, entitled The Book of Knowledge (Kitab al'Ilm), Ibn Khaldun sketched his general ideas about knowledge and science and its relationship with human social organisation and the establishment of a civilisation.
The Qur’an and Sunnah are the two primary sources of Muslim faith, life, law and morality. The Qur’an is for Muslims the foundation of their faith and the Sunnah is the framework of their morality. Together they constitute the two sources of the law (Shari’ah) of God, a guide to prosperity and happiness in this life and to the bliss of the hereafter. Although the Qur’an and Sunnah are materially and formally two independent sources, they are inextricably bound in a dynamic relationship. The rulings and precepts (ahkam) of the Qur’an constitute the law (shar’) of God. They are supplemented by the precepts of the authentic Sunnah, which possess authority second only to the precepts of the Qur’an. The Qur’an commands Muslims, “Whatever the Messenger gives you, that you must take, and whatever he forbids you, you must desist therefrom....” (59:7).
This book exposes the mimetic assumption involved in early Islamic historiography, its literary practice and whatever subverts it as reflected in Ṭabarī's History. Four major events in the history of early Islam are then subject to analysis based on literary criticism and are shown to produce a new meaning.
Chapter 1 INTRODUCTION -- chapter 2 HISTORICAL AND HISTORIOGRAPHICAL BACKGROUND -- chapter 3 SOCIAL CONTEXTS -- chapter 4 INTELLECTUAL CONTEXTS -- chapter 5 TEXTUAL AGENCY I: Titles, final sections and historicization -- chapter 6 TEXTUAL AGENCY II: Micro-arrangement, motifs and political thought -- chapter 7 RECEPTION AFTER THE SEVENTH/THIRTEENTH CENTURY -- chapter 8 CONCLUSION.
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the lo...