This text deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a range of societies. It is divided into four sections dealing with: legal theory; fatwas and muftis in classical Islamic law; the position of religious minorities under Islamic law, and modern developents in Islamic law. In addition to exploring the tension between theory and practice, the book focuses on the role of ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa, and looks at the relationship between judicial practice and positive law.
Robert Gleave is Lecturer in Islamic Studies in the Department of Theology and Religious Studies, University of Bristol, UK. Eugenia Kermeli is Lecturer in the Department of History, Bilkent University, Turkey.
Part 1 Legal theory: Ijtihad et histoire en islam sunnite classique selon quelques juristes et theologiens, Eric Chaumont; Akhbari Shi'i usul al-fiqh and the juristic theory of Yusuf al-Bahrani, Robert Gleave. Part 2 Ifta', Fatwas and Muftis: rules, judicial discretion and the rule of law in Nasrid Granada - an analysis of al-Hadiqa al-mustaqilla al-nadra fi al-fatawa al-sadira 'an 'ulama' al-hadra, Mohammad Fadel; Kafa'a in the Maliki school - a fatwa from 15th-century fez; water rights and irrigation practices in the medieval maghrib, Patricia Kabra; Ijtihad in Ibn Taymiyya's "Fatawa", Benjamin Jokisch. Part 3 Minorities under Islamic law: Ebu's Su'ud's definition of church vaks - theory and practice in Ottoman law, Eugenia Kermeli; Halakha, Shari'a and custom - a legal saga from Highland Yemen, 1990-1940, Isaac Hollander. Part 4 Modern Islamic law: Darura in modern Islamic law - the case of organ transplantation, Birgit Krawietz; family law in Algeria before and after the 1404/1984 family code, Ruth Mitchell; Qadis and the implementation of Islamic law in present day Israel, Yitzhak Reiter.
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