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The Development of Islamic Law and Society in the Maghrib: Qadis, Muftis and Family Law

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ISBN13: 9781409403708
Published: October 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £100.00



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The first eleven essays in this collection treat the application of Islamic law in qadi courts in the Maghrib in the period between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), the essays examine family law cases involving legal minority, guardianship, divorce, inheritance, bequests, and endowments. Cumulatively, the cases bear witness to the effectiveness and efficiency of the Islamic judicial system in this period. Contrary to popular perceptions, the cases demonstrate that Muslim jurists placed a high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted with, and shaped, each other. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped the modern western scholarly understanding of Islamic law.

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Subjects:
Legal History, Islamic Law
Contents:
Introduction
Part 1 Qadis, Muftis and Courts: Legal consultation (futya) in medieval Spain and North Africa
On judicial review in Islamic law
Parents and their minor children: familial politics in the middle Maghrib in the 8th/14th century
From the Mi`yar of al-Wansharisi to the New Mi`yar of al-Wazzani: continuity and change (with Etty Terem).
Part 2 Women and Divorce: Women and divorce in the Islamic West: three cases
Four cases relating to women and divorce in al-Andalus and the Maghrib, 1100–1500.
Part 3 Inheritance: The Islamic inheritance system: a socio-historical approach
Law and custom in the Maghrib, 1475–1500: on the disinheritance of women.
Part 4 Endowments: The Maliki family endowment: legal norms and social practices
A court case from 14th-century North Africa
Fatwas as sources for legal and social history: a dispute over endowment revenues from 14th-century Fez
Orientalism, colonialism, and legal history: the attack on Muslim family endowments in Algeria and India
Index.