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The Ashgate Research Companion to Islamic Law

Edited by: Rudolph Peters, Peri Bearman

ISBN13: 9781409438939
Published: August 2014
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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This upper-level Companion provides scholars and postgraduate students with a comprehensive and authoritative guide to current research in the thriving area of Islamic law. A distinguished group of authors provide an overview of their particular specialty, reflect on past and current thinking and also point to directions for future research.

The book presents classical Islamic law through a historiographical introduction to and analysis of the Western scholarship. The authors address key debates and provoke new ways of thinking about long-standing issues in this increasingly relevant and popular discipline.

The Companion is divided into four parts. The first section offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography on Islamic law has evolved over time. The second part considers the substance of black letter Islamic law. Substantive issues such as legal status, family law, socio-economic-justice, penal law, constitutional authority and the law of war are all discussed in this section.

The third part examines the adaptation of Islamic law in light of colonialism and the modern state as well as the subsequent re-Islamization of national legal systems. The final section focuses on contemporary debates surrounding the role of Islamic law in areas such as finance, the diaspora, modern governance and medical ethics, and the volume concludes by questioning the role of Sharia law as a religious authority in the modern context.

By outlining the history of Islamic law through a linear study of research in this area, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed by the past, to the magnitude of milestones that have been achieved in reinterpreting and revising established ideas, and ultimately to a thorough conceptual understanding of Islamic Law.

Subjects:
Islamic Law
Contents:
Preface
Introduction: The nature of the Sharia, Rudolph Peters and Peri Bearman

Part I The Historical Islamic Law: The origins of the Sharia, Knut S. Vikor
The divine sources, Herbert Berg
The schools of law, Paul R. Powers
Deriving rules of law, Robert Gleave
The judge and the mufti, Brinkley Messick
State and Sharia, Mohammad Fadel
Qanun and Sharia, Bogac Ergene.

Part II Substantive Islamic Law: Equality before the law, Gianluca P. Parolin
Gender relations, Christina Jones-Pauly
Socio-economic justice, Hiroyuki Yanagihashi
Public order, Christian R. Lange
Constitutional authority, Andrew F. March
War and peace, Sohail H. Hashmi.

Part III Islamic Law Through the Prism of the Modern State: Sharia and the colonial state, Leon Buskens
Sharia and the nation state, Maurits S. Berger
The re-Islamization of legal systems, Martin Lau. Part IV Present-Day Discussions about the Sharia: Sharia and finance, Abdullah Saeed
Sharia and the Muslim diaspora, Mathias Rohe
Sharia and modernity, Kristine Kalanges
Sharia and medical ethics, Birgit Krawietz. Epilogue: The normative relevance of Sharia in the modern context, Abdullahi Ahmed An-Na'im

Glossary
Index.