The Place of Islamic Law in Modern Arab Legal Systems: A Brief for Researchers and Reference Librarians

2000 ◽  
Vol 28 (1) ◽  
pp. 117-126 ◽  
Author(s):  
George N. Sfeir
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Middle Eastern ◽  
Periodical Literature ◽  
Short List ◽  
Applicable Law ◽  
Positive Law ◽  
Islamic Thought ◽  
Reference Librarians ◽  
The Subject

Ever since Joseph Schacht, whose book An Introduction to Islamic Law is on the short list of books on Middle East law, said that Islamic law is the epitome of Islamic thought, in other words, you can't understand Islam without understanding Islamic law, Middle Eastern studies and their journals invariably include classical Islamic law in their coverage of the subject with little attention given to modern legislation. This is particularly obvious in the bibliography of periodical literature which disregards the increasing number of studies on the modern law of the Middle East appearing in law journals. Even entries described as positive law, a category recently added to John and Marianne Makdisi's eminently useful compilation on Islamic law, comes no closer to giving a realistic picture of the applicable law. To illustrate what I mean, titles under positive law dealing with insurance, banking, and interest, concentrate on Islamic law's position on these subject-matters at a time when modern legislation in most Arab states has completely discarded that position.

EFRAIM KARSH AND INARI KARSH, Empires of the Sand: The Struggle for Mastery in the Middle East, 1789–1923 (Cambridge: Harvard University Press, 1999). Pp. 419. $29.95 cloth.

2000 ◽  
Vol 32 (4) ◽  
pp. 559-565
Author(s):  
Charles D. Smith
Keyword(s):  
Middle East ◽  
Ottoman Empire ◽  
19Th Century ◽  
Middle Eastern ◽  
Harvard University ◽  
The Balkans ◽  
The Subject ◽  
Promotional Campaign ◽  
The 19Th Century

The subject of a promotional campaign by Harvard University Press, Empires of the Sand purports to challenge established scholarship with respect to the drawn-out demise of the Ottoman Empire from 1789 to 1923. The Karshes argue that European imperialism was more benevolent than threatening and coexisted with Middle Eastern imperialisms—Ottoman, Egyptian, or Arab. In their view, European imperial powers “shored up” the Ottoman Empire rather than sought to deprive it of territories under its domain during the 19th century. To be sure, there was some European “nibbling at the edges of empire” (Algeria, Tunisia, Libya), but these incursions had little impact on the Ottomans; Cyprus (1878) is ignored. The only true “infringement on Ottoman territorial stability,” the British takeover of Egypt, happened by “chance not design,” with the blame attributed to Sultan Abdul Hamid's mismanagement of the crisis. The same story of Ottoman incompetence and attempts to manipulate European powers explains Ottoman loss of territory in the Balkans.

scholarly journals THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIAN ISLAMIC CLASSIC TRADITIONS AND POSITIVE LAW

2021 ◽  
Vol 6 (1) ◽  
pp. 54
Author(s):  
Adriandi Kasim
Keyword(s):  
Capital Market ◽  
Qualitative Method ◽  
Islamic Law ◽  
Rapid Development ◽  
Applicable Law ◽  
Business Transactions ◽  
Positive Law ◽  
Islamic Tradition ◽  
The Government ◽  
Settlement Of Disputes

Using a qualitative method with a sociological-normative approach, it was found that today's rapid development has caused various kinds of disputes. In this article, the author discusses sharia economic disputes and their resolution in the Islamic tradition and positive law in Indonesia to understand the problems of economic disputes and their resolution so that they can become knowledge and guidelines in conducting business transactions. The results of the discussion that the author obtained, namely sharia economic disputes, are disputes that occur in muammalah activities. This occurs in banking, non-banking, capital market, as well as the economy as a whole due to several factors such as default, tadlis, taghrir, or other things that can harm the rights of others. Settlement of disputes in Islamic law, namely sulh and tahkim. As for the applicable law in Indonesia, namely peace both by litigation and non-litigation, ADR, and arbitration includes BANI, BASYARNAS and other arbitration institutions. In this case, the authors conclude that every community that will conduct business transactions requires the principle of prudence and there have been many legal attempts by the government in resolving these disputes.

Tribes and Tribalism in the Modern Middle East: Introduction

2021 ◽  
Vol 53 (3) ◽  
pp. 471-472
Author(s):  
Peter Wien
Keyword(s):  
Middle East ◽  
Middle Eastern ◽  
Modern Society ◽  
Modern State ◽  
University Of Maryland ◽  
Positive Law ◽  
College Park ◽  
Administrative Structures ◽  
The University ◽  
Equal Citizenship

This roundtable is the product of a conference on tribalism in the Modern Middle East held at the University of Maryland in College Park in early May 2019. In two days of scholarly exchange, the participants addressed questions on the reality of tribal life in the twentieth and twenty-first centuries, and its impact on politics and society. Most of the specialists who participated in the conference are also contributors in this forum. To keep the discussion concise, the case studies focus on the Arab East – Syria, Jordan, and Iraq – as well as Yemen and Saudi Arabia. Building on the findings and reflections shared in College Park, the contributors responded to the following prompt as a point of departure for their essays: For cultural, intellectual, political, and arguably even most social historians, tribes remain an enigma. As an ideal-type, the tribe seems to be all that the modern state is not: it defies positive law, rational administrative structures, equal citizenship based on individual rights and duties, and, still, in some cases, sovereignty based on fixed territorial boundaries. As a non-state, the tribe seems to be, on the other hand, the most enduring socio-political structure of human history. It is a kind of substrate, or a hetero-stratum of social organization at least in Middle Eastern societies. Its position as such seems even more pronounced in today's period of state disintegration and instability. What is the place of tribes in modern society, how do they relate to the modern state? How can what is seemingly an atavism of pre-modern times still have currency in today's world?The responses share the perception that tribes are not the antithesis of the modern state or of progress in the region. Researchers and politicians alike should take them into account in their analyses of modernization processes. They offer meaningful identities and forms of organization across the region and enjoy influence and power.

scholarly journals Criminalization on Husband Wife Relationship towards Nushuz in the Perspective of Islamic Law and Criminal Code

2016 ◽  
Vol 4 (2) ◽  
pp. 64
Author(s):  
Oom Mukarromah ◽  
Asep Ubaidillah
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Research Method ◽  
Islamic Law ◽  
Physical Violence ◽  
Criminal Code ◽  
Normative Approach ◽  
Positive Law ◽  
The Family ◽  
The Subject

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.

SPECIAL ISSUE INTRODUCTION

2014 ◽  
Vol 46 (2) ◽  
pp. 227-238 ◽  
Author(s):  
Amy Singer
Keyword(s):  
Middle East ◽  
Ottoman Empire ◽  
Middle Eastern ◽  
Special Issue ◽  
Islamic Studies ◽  
General Theme ◽  
Islamic Thought ◽  
State And Society ◽  
Early Islamic ◽  
Common Field

Almost two decades ago, Michael Bonner, Mine Ener, and I organized the first in a series of MESA panels on the general theme of poverty and charity in Middle Eastern contexts. We came to the topic using different chronologies, sources, and approaches but identified a common field of interest in shared questions about how attitudes toward benevolence and poverty affected state and society formation: in early Islamic thought, in the Ottoman Empire of the 15th and 16th centuries, and in khedival Egypt. At that time, we could confidently state that there was very little work in the broad field of Middle East and Islamic studies that focused explicitly on the study of charity and poverty.

scholarly journals Middle Eastern Chronotope in the prose of S. S. Kondurushkin of the turn of the XIX-XX centuries: to articulation of the problem

2021 ◽  
pp. 1-9
Author(s):  
Svetlana Mikhailovna Vladimirova ◽  
Svetlana Anatol'evna Dubrovskaya ◽  
Dina Andreevna Dubrovskaya
Keyword(s):  
Middle East ◽  
Social Life ◽  
Middle Eastern ◽  
Russian Literature ◽  
Historical Time ◽  
Novaya Zemlya ◽  
Current Events ◽  
The Subject ◽  
History Approach ◽  
First Time

The object of this research is the early prose of S. S. Kondurushkin (1874-1919), journalist and writer, who served five years as a teacher in the schools of the Middle East, an active participant in Russia’s literary-social life, an employee of the newspaper “Rech”, war correspondent, author of several compilations dedicated to the Middle East, Russian Volga Region, Novaya Zemlya, and Siberia. The subject of this research is the techniques and approaches of creating the Middle East in the essays and stories, which were published for the first time in the journals “Russian Wealth”, “Russian Thought”, and “History Herald”. Reference of the Russian writer to the problems of the Middle East at the turn of the XIX – XX centuries, development of artistic techniques, reconstruction of the flavor and the corresponding elements of the narrative require indicating the methodology used in the article. Along with the traditional for academic literary studies comparative-historical, historical-cultural, imageological and biographical methods, the author turns to the colonial/postcolonial, as well as imperial/post-imperial formats of research, micro-history approach, “deliberate” and "distant” reading, as well as holistic analysis. The article is first to examine the artistic peculiarities of the early prose of S. S. Kondurushkin in the context of his interest in problems of the Middle East. Special attention is given to analysis of the essay “Damascus” (1903) that demonstrates that everyday life of the religion serves for the writer as a part of the Middle Eastern chronotope, within the structure of which there are not only historical time with its transformations, not only historical space and its modern modifications, but also the current events. Such articulation of the problem defines the novelty of this research and outlines its  prospects in further examination of the Middle Eastern chronotope of Russian literature of the turn of the XIX – XX centuries, and academic pursuits dedicated to the creative path of S. S. Kondurushkin

Two great British historians of the modern Middle East

1995 ◽  
Vol 58 (1) ◽  
pp. 40-49 ◽  
Author(s):  
M. E. Yapp
Keyword(s):  
Middle East ◽  
Middle Eastern ◽  
Rapid Progress ◽  
The Subject

As a serious subject of scholarly investigation modern Middle Eastern history is very young. It was only 50 years ago that the subject began to be studied by historians who were adequately equipped for the work. Its subsequent rapid progress to the position of respectability which it now occupies within the discipline of history owes much to the work of a handful of scholars among whom Albert Hourani and Elie Kedourie were especially conspicuous. The deaths of these two notable historians should not pass without an acknowledgement of the debt which we owe them and an appreciation of their contribution to the happy revolution in the branch of history which they adorned.

International Relations of the Middle East

2016 ◽  
Author(s):  
Louise Fawcett
Keyword(s):  
Middle East ◽  
International Relations ◽  
Middle Eastern ◽  
Fourth Edition ◽  
Significant Development ◽  
Wide Range ◽  
History Of ◽  
Text Features ◽  
The Subject ◽  
The Arab Spring

International Relations of the Middle East provides a balanced overview of international relations in the Middle East. Chapters combine a history of the region with analysis of key themes, actors, and conflicts, using a range of learning features and online resources to support learning. Offering a wide range of perspectives, this text exposes the reader to different approaches to the subject, and encourages them to think critically in order to draw their own conclusions. The text features a range of case studies and ‘micro-cases’ throughout, demonstrating the relevance of international relations theory in the contemporary Middle East, and helping the reader to apply learning to real world situations. The fourth edition features a new chapter on the Arab Spring, highlighting this significant development in contemporary Middle Eastern international relations, and an expanded discussion of rising powers in the region, such as Russia and China.

scholarly journals SANKSI PENYEBAR HOAX PERSPEKTIF HUKUM PIDANA ISLAM

2019 ◽  
Vol 6 (1) ◽  
pp. 49
Author(s):  
Wahyu Abdul Jafar
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Literature Research ◽  
Normative Approach ◽  
Positive Law ◽  
Preventive Actions ◽  
Depth Study ◽  
The Subject ◽  
Data Collection Technique ◽  
Religious Elements

This study discusses the issue of hoaxes which have been troubling the community. One reason for the rise of hoax news is that the handling is only from the side of positive law without involving religious elements, whereas religious teachings are very effective for preventive actions because if there are religious elements in the handling, people will always be watched and afraid of sinning if they violate. The subject of this study is how to set ta'zir sanctions for hoax makers and disseminators in the perspective of Islamic law. This study is included in the literature research category, while the approach used in this study is a normative approach. The data collection technique used is documentation technique. After an in-depth study was obtained a conclusion that there were three categories of ta'zir sanctions, namely minor, moderate and severe sanctions. Minor sanctions are given to perpetrators and disseminators of hoaxes with motives of ignorance and victims of technological and information developments. While giving sanctions is being given to the perpetrators and disseminators of the hoax with the motive for the absence of legal certainty. Then hoax makers and spreaders who have motives for malicious intentions and politics are given the heaviest sanctions

scholarly journals Eradication Efforts of Drug Abuse in Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 26-34
Author(s):  
Zulkarnain
Keyword(s):  
Immune System ◽  
Drug Abuse ◽  
Islamic Law ◽  
Positive Law ◽  
The Future ◽  
The Subject

The danger of drug abuse has now become a serious double threat that is the destruction of the future and life plus prolonged suffering without hope of recovery due to the destruction of the immune system. This study deals with the eradication efforts of drug abuse in Indonesia. The subject of this study is drug abuse in the perspective of Islamic Law based on revelation and in the perspective of Indonesian positive law. The approach used in this study is comparative through juridical normative-telogic. The result shows that the concept of prevention and tackling of drugs in Islamic law in the form of preventive, refresive and educative. Whereas in Indonesian positive law through law No. 35 of 2009 in the form of preventive, refresive, curative and educative efforts and has made compulsory provisions for the rehabilitation of addicts and victims of drug abuse.

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