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Law, Empire, and the Sultan
This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Law, Empire, and the Sultan
Introduction -- Ibn Nujaym : The Father of Late Ḥanafism? -- "The Sulṭan Says" : Ottoman Sultanic Authority in Late Ḥanafī Tradition -- Ottoman Rationale for Codification : The Mecelle -- Conclusion
Collective Ijtihad
THE CONTEMPORARY postnormal world is posing for Muslims ever strange ethical, financial, and medical dilemmas for which modern jurists are expected to provide a suitable theological response. Yet even with an encyclopedic knowledge of Islamic law, the task facing them is daunting. In the real world this level of complexity has led to chaos in fatwa issuance with many scholars voicing concern at the direction to which things are moving and calling for the process to be regulated. This book critiques fatwa issuance in the modern context and calls for application of a synthesized approach using the mechanism of collective ijtihad to formulate rulings and overcome current weaknesses. It carefull...
Law and Legality in the Ottoman Empire and Republic of Turkey
The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.
Histories of Political Thought in the Ottoman World
This collection of papers is intended to provide a survey of the history of political ideas in the Ottoman world from its dawn around 1300 to its downfall in the early 20th century. It features fourteen original papers by some of the most prominent and innovative scholars of Ottoman history. The book sheds light on the complex role that ideas have played in all aspects of Ottoman social and political life throughout the history of the Ottoman world, across time, space, social class, and ethnic and religious identity. Histories of Political Thought in the Ottoman World takes exception to a common tendency, both among Ottoman historians and in the broader academic world, that considers Ottoman political life exclusively in terms of the political ideas of the Sunni Muslim governing elite. It makes clear that the non-elite, non-Sunni Muslim, non-Muslim, non-Turkish, and female members of the Ottoman society have also significantly contributed to the making of Ottoman political culture throughout its history.
Entangled Domains
Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains grapple with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.
Islamic Law and Ethics
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
American Journal of Islam and Society (AJIS) - Volume 37 Issues 3-4
In an editorial essay, Ovamir Anjum reflects on the current moment of (and literature on) de-globalization, considering in turn conservative and liberal arguments. He concludes by raising several questions which de-globalization opens, key among them the challenges posed by ongoing ecological degradation. In the first research article, Timothy Gutmann offers the term “propaedeutic” to refer to the critical pedagogy necessary for teaching unfamiliar material to audiences whose sensibilities and expectations are already structured by distinctive anxieties and concerns. Gutmann addresses common caricatures of Islamic law and suggests that Islamic traditions may themselves contain a propaede...
Dār al-islām / dār al-ḥarb
This is the first collection of studies entirely devoted to the terminological pair dār al-islām / dar al-ḥarb, “the abode of Islam” and “the abode of war”, apparently widely known as representative of “the Islamic vision” of the world, but in fact almost unexplored. A team of specialists in different fields of Islamic studies investigates the issue in its historical and conceptual origins as well as in its reception within the different genres of Muslim written production. In contrast to the fixed and permanent categories they are currently identified with, the multifaceted character of these two notions and their shifting meanings is set out through the analysis of a wide range of contexts and sources, from the middle ages up to modern times. Contributors are Francisco Apellániz, Michel Balivet, Giovanna Calasso, Alessandro Cancian, Éric Chaumont, Roberta Denaro, Maribel Fierro, Chiara Formichi, Yohanan Friedmann, Giuliano Lancioni, Yaacov Lev, Nicola Melis, Luis Molina, Antonino Pellitteri, Camille Rhoné-Quer, Francesca Romana Romani, Biancamaria Scarcia Amoretti, Roberto Tottoli, Raoul Villano, Eleonora Di Vincenzo and Francesco Zappa.
Islamic Law on Trial
"Prior to the East India Company's arrival in India in 1661, Islamic law was widely applied in India by the Mughal Empire. As the Company's power grew, it quickly established a court system intended to limit Islamic law. Following the Great Rebellion of 1857, the project of jural colonization replaced the decentralized Islamic legal system with a new standardized system. Islamic Law on Trial interrogates the project of juridical colonization and demonstrates that alongside, and despite, the violent displacement of Muslim legal sovereignty, Muslims were able to engage with and even champion Islamic law from inside the colonial judiciary. The outcome of their work was a paradoxical legal terrain that appeared legitimate both to Muslim practitioners and English colonizers. Through this story of courtroom contestations, Sohaira Siddiqui challenges long-standing assumptions about Islamic law under British rule, the ways in which colonial power displaced pre-existing traditions, and how local elites navigated the new institutions imposed upon them"--
