Written Obligations from the 2nd/8th to the 4th/10th Century

1996 ◽  
Vol 3 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Michael Thung
Keyword(s):  
Islamic Law ◽  
Theory And Practice ◽  
Documentary Evidence ◽  
Legal Practice ◽  
National Library ◽  
The Relationship ◽  
Early Islamic

AbstractIn this article, based on recent research undertaken in the collection of Arabic papyri of the Austrian National Library in Vienna (Papyrus Erzherzog Rainer), I discuss four unpublished documents discovered in Egypt, all written obligations (adhkār ḥuqūq) dating from the second half of the 2nd/8th century to the first half of the 4th/10th century. These documents provide important documentary evidence for early Islamic legal practice. By comparing the legal content of the documents with the contract formularies used by the ḥanafī jurist al-Ṭaḥāwī (d. 321/933) in his Kitāb adhkār al-ḥuqūq, I investigate the relationship between theory and practice in Islamic Law.

Money in Classical Islam: Legal Theory and Economic Practice

2018 ◽  
Vol 25 (4) ◽  
pp. 427-466
Author(s):  
Norbert Oberauer
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Theoretical Concept ◽  
Theory And Practice ◽  
Money Markets ◽  
Economic Practice ◽  
Wide Range ◽  
The Relationship

AbstractThe present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs. The market was much more complex. A wide range of coins of various metallic content, weight and value circulated. In the first part of the study I describe the complexity of Islamic money markets. In the second part, I investigate how scholars reacted to the gap between theory and practice and posit some tentative conclusions about the relationship between Islamic law and practice.

Law in Popular Belief

2017 ◽  
Keyword(s):  
Empirical Studies ◽  
Theory And Practice ◽  
Legal Practice ◽  
Deviant Behaviour ◽  
Legal Studies ◽  
Wide Range ◽  
Unique Approach ◽  
Black Letter ◽  
Legal Understanding ◽  
The Relationship

In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between written law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book critically assesses the public’s level of legal, psychological and social awareness in relation to their knowledge of law and deviant behaviour. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book covers both empirical studies and theoretical engagements in the area of legal understanding and this affords a very comprehensive coverage of the area, and addressing issues of gender and class, as well as considering psychological material. It brings together a range of academics and practitioners and asks questions and address contemporary issues relating to the relationship between law and popular beliefs.

scholarly journals Written and Oral in Islamic Law: Documentary Evidence and Non-Muslims in Moroccan Shari‘a Courts

2017 ◽  
Vol 59 (4) ◽  
pp. 884-911
Author(s):  
Jessica M. Marglin
Keyword(s):  
Nineteenth Century ◽  
Gold Standard ◽  
Islamic Law ◽  
Documentary Evidence ◽  
Present Evidence ◽  
Islamic History ◽  
Playing Field ◽  
Oral Testimony ◽  
Relationship Of ◽  
The Relationship

AbstractThis article begins from the premise that the margins can shine light on the center, and uses the experience of Jews (thought of as marginal in the Islamic world) in Moroccan courts (similarly thought of as marginal in Islamic history) to tell a new story about orality and writing in Islamic law. Using archival evidence from nineteenth-century Morocco, I argue that, contrary to the prevailing historiography, written evidence was central to procedure in Moroccan shari‘a courts. Records of nineteenth-century lawsuits between Jews and Muslims show that not only were notarized documents regularly submitted in court, but they could outweigh oral testimony, traditionally thought of as the gold standard of evidence in Islam. The evidentiary practices of Moroccan shari‘a courts are supported by the jurisprudential literature of the Mālikī school of Sunni Islam, the only one prevalent in Morocco. These findings have particular relevance for the experience of non-Muslims in Islamic legal institutions. Scholars have generally assumed that Jews and Christians faced serious restrictions in their ability to present evidence in shari‘a courts, since they could not testify orally against Muslims. However, in Morocco Jews had equal access to notarized documents, and thus stood on a playing field that, theoretically at least, was level with their Muslim neighbors. More broadly, I explore ways in which old assumptions about the relationship of the written to the oral continue to pervade our understanding of Islamic law, and call for an approach that breaks down the dichotomy between writing and orality.

Custom in the Islamic Legal Tradition

2015 ◽  
pp. 230-248
Author(s):  
Ayman Shabana
Keyword(s):  
Main Part ◽  
Islamic Law ◽  
Theory And Practice ◽  
Future Research ◽  
Legal Tradition ◽  
Legal Studies ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

This article offers a survey of modern scholarship on the role of custom in the Islamic legal tradition. It begins with a definition of the concept of custom and also the relationship between the two Arabic terms used for custom, ‘urf and ‘ada. The relationship of custom to other terms such as sunna, ‘amal, and istihsan is also explored. The second, and main, part of the article traces the different approaches to the study of custom in Islamic legal studies and examines the development of these approaches. Four themes or debates are identified as the main contexts within which custom has been discussed: the origins of the Sunna of the Prophet and the early development of Islamic law; relationship between theory and practice; sources of Islamic law; and legal change. The article concludes with a summary and suggestions for future research.

Islamic Law and Empire in Ottoman Cairo

2017 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Political Power ◽  
Early Modern Period ◽  
Legal Practice ◽  
Legal Documents ◽  
Provincial City ◽  
Imperial Capital ◽  
New Interpretation ◽  
The Relationship

A study of Islamic law and political power in the Ottoman Empire’s richest provincial city What did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists’ law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law – religious scholarship and royal justice – undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shari‘a and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire. Key features Offers a new interpretation of the relationship between Islamic law and political power Presents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralization Studies judicial institutions such as the governor’s Diwan and the imperial council that have received little attention in previous scholarship Integrates the study of legal records with an analysis of how legal practice was represented in contemporary chronicles Provides transcriptions and translations of a range of Ottoman legal documents

Contemporary Qur'anic Studies in Iran and its Relationship with Qur'anic Studies in the West

2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia
Keyword(s):  
Islamic Law ◽  
Human Sciences ◽  
The West ◽  
Communications Technologies ◽  
Religious Learning ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Almost All ◽  
The Impact ◽  
The Relationship

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.

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.

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

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