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Family and the courts in modern Egypt : a study based on decisions by the sharî`a courts (1900-1955)
Author:
ISSN: 13841130 ISBN: 9004107428 9789004107427 Year: 1997 Volume: 3 Publisher: Leiden : E.J. Brill,


Book
Rethinking Islamic legal modernism : the teaching of Yusuf al-Qaradawi
Author:
ISBN: 9004369546 900436899X 9789004369542 Year: 2018 Publisher: Leiden Brill

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Abstract

In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.


Book
The expert witness in Islamic courts : medicine and crafts in the service of law
Author:
ISBN: 0226749339 9780226749334 9786612538650 0226749355 1282538659 9780226749358 9781282538658 Year: 2010 Publisher: Chicago : University of Chicago Press,

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Islam's tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country's reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.


Book
Family and the Courts in Modern Egypt
Author:
ISBN: 9004659110 Year: 1997 Publisher: Leiden : BRILL,

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Abstract

Law, Custom, and Statute in the Muslim World
Authors: ---
ISSN: 13841130 ISBN: 1281400912 9786611400910 9047411307 9789047411307 9004154531 9789004154537 9781281400918 6611400915 Year: 2007 Volume: v. 28 Publisher: Leiden Boston Brill

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Abstract

This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa , custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās , court decisions, judicial circulars, biographical dictionaries and chronics. The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.

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