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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Studies in Modern Islamic Law and Jurisprudence

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ISBN13: 9789041116604
ISBN: 9041116605
Published: July 2001
Publisher: Brill Academic Publishers
Country of Publication: USA
Format: Hardback
Price: £133.00 - Unavailable at Publisher

This book is about Islamic law not merely as a doctrinal corpus, object of academic inquiry and analysis, but first and foremost, as a living reality in contemporary Muslim societies where it is enforced as a positive law of the state.

The book shows 19th- and 20th-century Islamic law as a dynamic process casting its net into the 21st century, shaper of major constitutional and legal developments in the Arab and Muslim worlds already underway, and with drastic and far-reaching consequences for the future of these countries and their relations with other states.

The modern process of positivization of Shari'a, that is its ongoing transformation into a law of the nation-state, poses a number of burning questions. What is the legal domain of the new Shari'a? What are its relations to the modern Western-structured judicial apparatus of Middle-Eastern states ? What portions of the historical substantive Islamic rulings are to take precedence in its formulation ? The introduction and nine chapters of this volume provide some answers to these questions.

The book contains three studies on marriage and divorce, of which two deal with recent changes in Islamic marriage law in the 1990s in Egypt and Saudi Arabia; three studies on contract law in the new civil codes of Egypt, Iraq and Syria; one study on the ideological springs of Muhammad 'Abduh's visionary program for the reconstruction of shari'a; one on the place of Islamic law in the judicial doctrine and policy of the Egyptian state as expressed in the 1980s and 1990s rulings and decisions of Egypt's High Constitutional Court; and one study on Legal Capacity, showing Muslim jurists at grips with modern concerns about basic individual rights.

It should prove useful to Middle-East area-specialists, family and women-studies, sociologists and legal scholars and practitioners, as well as to the general reader interested in the richness and variety of world legal systems.

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Islamic Law
Preface. Introduction.
1. Muhammad `Abduh and the Modern Demands on Islamic Law.
2. Contract Stipulations (Shurut) in Islamic Law: The Ottomon Majalla and Ibn Taymiyya.
3. Al-Sanhuri's Reconstruction of the Islamic Law of Contract Defects: Error and Real Intent.
4. Intention and Method in Sanhuri's Fiqh: Cause as Ulterior Motive.
5. The Interdiction of the Spendthrift (Al-Safih): A Human Rights Debate in Classical Fiqh.
6. Orienting the Gaze Marcel Morand the Codification of le Droit Musulman Algerien.
7. The Itinerary of a Fatwa: Ambulant Marriage (Al-Zawaj Al-Misyar), or Grass Root Law-Making in Saudi Arabia of the 1990s.
8. The Dawning of the Third Millennium on Shari`a: Egypt's Law No.
1 of 2000, or Women May Divorce at Will.
9. The Place of Islamic Law in the Modern World and the Reconstruction of Shari`a. Index.