A History of the Early Islamic Law of Property: Reconstructing the Legal Development, 7th-9th Centuries * BY HIROYUKI YANAGIHASHI

2007 ◽  
Vol 18 (1) ◽  
pp. 100-102
Author(s):  
M. H. Fadel
Keyword(s):  
Islamic Law ◽  
Legal Development ◽  
History Of ◽  
Early Islamic

Theorizing Charismatic Authority in Early Islamic Law*

2007 ◽  
Vol 1 (2) ◽  
pp. 129-158
Author(s):  
Jonathan E. Brockopp
Keyword(s):  
Dynamic Model ◽  
Islamic Law ◽  
Religious Traditions ◽  
Islamic Studies ◽  
Long Line ◽  
Charismatic Authority ◽  
Early Islamic ◽  
Do So

In Islamic Studies, charisma has usually been reserved for the study of marginalized individuals. I argue here that charisma may also be applied to leadership among legal scholars. To do so, I join a long line of scholars who have modified Max Weber’s initial insights, and put forth a new, dynamic model of charismatic authority. The purpose of my model is to account for the fact that religious histories emphasize the uniqueness of the originating charismatic event, be that Prophet Muhammad’s revelations, Jesus’ theophany or the Buddha’s enlightenment, while at the same time recognizing that the charismatic cycle never quite ends. In contrast with Weber, I argue that charismatic authority in religious traditions is best understood as a network of influence and interaction through which the routinization of charisma reinterprets and redefines the meaning of the originating charismatic event.

Islam and War: Tradition versus Modernity

2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Classical Scholar ◽  
Law Of War ◽  
Critical Method ◽  
Entire World ◽  
Modernist Project ◽  
Early Islamic ◽  
Muslim Scholars

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.

Medina Gounass: Constructing Extra-National Space in a West African Borderland

2021 ◽  
pp. 1-26
Author(s):  
David Newman Glovsky
Keyword(s):  
Islamic Law ◽  
West African ◽  
Religious Community ◽  
National Space ◽  
Cross Border ◽  
History Of ◽  
Postcolonial Africa ◽  
Postcolonial States ◽  
The Town

Abstract The historical autonomy of the religious community of Medina Gounass in Senegal represents an alternative geographic territory to that of colonial and postcolonial states. The borderland location of Medina Gounass allowed the town to detach itself from colonial and independent Senegal, creating parallel governmental structures and imposing a particular interpretation of Islamic law. While in certain facets this autonomy was limited, the community was able to distance itself through immigration, cross-border religious ties, and smuggling. Glovsky’s analysis of the history of Medina Gounass offers a case study for the multiplicity of geographical and territorial entities in colonial and postcolonial Africa.

Methodology of institutional analysis and its implication for contemporary framework of Islamic banks

Humanomics ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 183-200 ◽  
Author(s):  
Omar Javaid
Keyword(s):  
Islamic Law ◽  
Institutional Analysis ◽  
Institutional Framework ◽  
Methodological Error ◽  
Islamic Banks ◽  
Cultural Changes ◽  
Content Type ◽  
Distribution Of Wealth ◽  
History Of Evolution ◽  
History Of

Purpose – This paper aims to investigate the possibility of a methodological error made by the concerned scholars and academics of Islamic finance & economics to understand and study the modern framework of financial institutions, where they intend to practice Islamic law of contract. This error has led them to expect something which the institutional modern framework of banks, adopted by Islamic banks (for e.g.), wasn’t designed to accomplish, hence the disappointment. Design/methodology/approach – This study reviews the literature on history of evolution of banking industry and the corresponding ideological and cultural changes in the European society which drove this evolution; this is followed by a conceptual analysis to identify the institutional components inconsistent with ethos of Islamic norms and ethos. Findings – After review of history and evolution of modern banking framework, in the light of Hollingsworth frame of institutional analysis, it is inferred that the said framework was designed for a secular, liberal and capitalist society to efficiently and effectively enhance freedom and accumulate capital and wealth, without much regard for equitable distribution of wealth and economic justice. These goals are very much in contrast with the normative premise of Islamic Economics, which cannot be efficiently used to achieve the related objective. This indicates that framework of banking was narrowly understood by the concerned scholars and academics, without considering its history of evolution and intended objectives, before adopting for IBs. Practical implications – The disconnect between the Western institutional framework and ethos of Islam implies that the concerned need to look deeper and holistically while adapting Western institutions, so that necessary alteration is done in advance, if such an adoption is inevitable. Originality/value – This study introduces a new dimension for the concerned scholars, academics and practitioners to reanalyze the institutional framework adopted from the West, so that necessary adjustments can be worked out to make the said framework compatible with the ethos of Islamic economics.

Islamic Glass in the Making

2022 ◽  
Author(s):  
Nadine Schibille
Keyword(s):  
Glass Industry ◽  
Large Scale ◽  
Interdisciplinary Approach ◽  
Islamic Period ◽  
Holistic Understanding ◽  
History Of ◽  
Early Islamic Period ◽  
Early Islamic ◽  
Plant Ash ◽  
Islamic Glass

The ancient glass industry changed dramatically towards the end of the first millennium. The Roman glassmaking tradition of mineral soda glass was increasingly supplanted by the use of plant ash as the main fluxing agent at the turn of the ninth century CE. Defining primary production groups of plant ash glass has been a challenge due to the high variability of raw materials and the smaller scale of production. Islamic Glass in the Making advocates a large-scale archaeometric approach to the history of Islamic glassmaking to trace the developments in the production, trade and consumption of vitreous materials between the eighth and twelfth centuries and to separate the norm from the exception. It proposes compositional discriminants to distinguish regional production groups, and provides insights into the organisation of the glass industry and commerce during the early Islamic period. The interdisciplinary approach leads to a holistic understanding of the development of Islamic glass; assemblages from the early Islamic period in Mesopotamia, Central Asia, Egypt, Greater Syria and Iberia are evaluated, and placed in the larger geopolitical context. In doing so, this book fills a gap in the present literature and advances a large-scale approach to the history of Islamic glass.

Legal Pluralism in Colonial Lagos: The 1894 Petition of the Lagos Muslims to their British Colonial Masters

2012 ◽  
Vol 52 (1) ◽  
pp. 51-68 ◽  
Author(s):  
Philip Ostien ◽  
Abdul-Fatah 'Kola Makinde
Keyword(s):  
Islamic Law ◽  
Legal Pluralism ◽  
Legal Environment ◽  
History Of ◽  
British Colonial

AbstractThis paper is about metropolitan Lagos—under the British only a "township", though long Nigeria's capital. From early in its history the percentage of Muslims living in Lagos has been high, somewhere around fifty percent. There is a long history of attempts by activists among the Lagos Muslims, none yet successful, to persuade the authorities pro tem to establish Sharia Courts for the use of Muslims, to which they could take their civil matters for adjudication under Islamic law. After briefly introducing Lagos, we describe one of these attempts: the 1894 petition of the Lagos Muslims to their British colonial masters, and its outcome, paying particular attention to the pluralistic legal environment in which it was made. This early petition—or rather the facts that it was made, and that it failed, all context having been forgotten—lives on in the thinking of many Nigerian Muslims today as another example of British hostility to Islam, often held to be responsible for the failure of Islamic law to thrive in the predominantly Yoruba southwest of which Lagos is a part. This paper is an attempt to restore the context, and thus perhaps to help improve the analysis of the fate of Islamic law in Nigeria's southwest.

scholarly journals KONTRIBUSI POSITIF ORIENTALISME: KAJIAN ATAS REINHART DOZY (1820-1883 M)

2020 ◽  
Vol 20 (1) ◽  
pp. 85
Author(s):  
Ghulam Falach
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Great Influence ◽  
Literary Work ◽  
Comprehensive Understanding ◽  
Islamic History ◽  
Library Research ◽  
History Of ◽  
And Function ◽  
Islamic Civilization

The main focus of Orientalist thought is nothing but to reconstruct and influence Islamic civilization. Their enthusiasm to activate orientalism is increasingly challenged by the presence of Islam as a religion that has followers of most of the world's population. One of the actions of orientalism towards the Islamic world is to start a research movement on the Qur'an and al-Hadith which are the basis of the law and guidelines of Muslims. Not far from the critics of the Qur'an and al-Hadith, they also deconstructed aspects of the development of science, Islamic law, and even the originality of Islamic history. Some famous orientalism figures, one of them is Reinhart Dozy, a famous orientelism from the Netherlands with the concept of literacy in the history of Islamic civilization in Spain. Even though he received a lot of criticism and appreciation from both orientalists and Muslim thinkers, his literary work has had a great influence on Islamic civilization. The discussion steps of this study are entirely carried out using qualitative research that is library research. To be more useful and function properly, this paper is equipped with an explanation using the method of description, interpretation and analysis of data in each discussion. This is done, none other than to focus the discussion to produce a consistent and comprehensive understanding.

scholarly journals Konsep Talak Menurut Ibnu Qayyim Al-Jauziyyah (Analisis Waktu Dan Jumlah Penjatuhan Talak)

2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra
Keyword(s):  
Family Relationships ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Foster Family ◽  
History Of ◽  
The Law ◽  
The Right

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 

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