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Family and the Courts in Modern Egypt
This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process. "Family and the Courts in Modern Egypt" contains three parts: marriage, divorce, and intergenerational relations. Scholars and the general reader will find its main contribution to be its systematic analysis of court records relating to the application of modern reforms in family matters; and its attempt to situate the legal aspects of family life within the larger context of socio-economic development in Egyptian society.
The Expert Witness in Islamic Courts
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Rethinking Islamic Legal Modernism
In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
Law, Custom, and Statute in the Muslim World
This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.
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.
Policing Egyptian Women
Policing Egyptian Women delineates the intricate manner in which the modern state in Egypt monitored, controlled, and "policed" the bodies of subaltern women. Some of these women were runaway slaves, others were deflowered outside of marriage, and still others were prostitutes. Kozma traces the effects of nineteenth-century developments such as the expansion of cities, the abolition of the slave trade, the formation of a new legal system, and the development of a new forensic medical expertise on these women who lived at the margins of society.
A Multicultural Entrapment
A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.
Dispensing Justice in Islam
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Arguing Islam After the Revival of Arab Politics
Arguing Islam after the Revival of Arab Politics analyzes the politics of religion in the Arab world after the emergence of new public spheres over the past few decades. The book examines those spheres as they really are, not measuring them against any ideal of democratic deliberation.
