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Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.
Offering the first close study of the ʿAqila, a group collectively liable for blood money payments on behalf of a member who committed an accidental homicide, Nurit Tsafrir analyses the group's transformation from a pre-Islamic custom to an institution of the Shari'a, and its further evolution through medieval and post medieval Islamic law and society. Having been an essential factor in the maintenance of social order within Muslim societies, the ʿAqila is the intersection between legal theory and practice, between Islamic law and religion, and between Islamic law and the state. Tracing the history of the ʿAqila, this study reveals how religious values, state considerations and social organization have participated in shaping and reshaping this central institution, which still concerns contemporary Muslim scholars.
Do we have a duty to stop others doing wrong? The question is intelligible in any civilisation, but only in the Islamic tradition is 'commanding right and forbidding wrong' a central moral tenet. Michael Cook's analysis is the first to chart the history of Islamic reflection on this obligation.
This book focuses on the role of memory and its revision and erasure in the ninth to eleventh centuries.
This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.
The volume contains highly original articles on Islamic history, law, and thought, each either proposing new hypotheses or readjusting existing ones. The contributions range from studies in the formulation of the pre-Islamic Arabian calendar to notes on the "blood-money group" in Islamic law, and to transformations in Arabic logic in the post-Avicennan period. Prepared by former students of Michael A. Cook, to whom this volume is dedicated, these studies not only shed new light on the development of the Islamic scholarly tradition from various perspectives, but together they also represent the honoree's vast, profound, and continuing impact on the field. This collection of highly empirical articles is intended for scholars and students specializing in various subfields within Islamic Studies.
The two 'Authentic' ḥadīth collections of al-Bukhārī and Muslim are the most famous books in Islam after the Qur'ān – a reality left unstudied until now. This book charts the origins, development and functions of these two texts through the lens of canonicity. It examines how the books went from controversial to indispensable as they became the common language for discussing the Prophet’s legacy among the various Sunni schools of law. The book also studies the role of the ḥadīth canon in ritual and narrative. Finally, it investigates the canonical culture built around the texts as well as the trend in Sunni scholarship that rejected it, exploring this tension in contemporary debates between Salafī movements and the traditional schools of law.
What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi‘i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband’s status as master and a wife’s as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights ...
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.