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Afghanistan Rising
Islamic Law and Statecraft between the Ottoman and British Empires
Faiz Ahmed
Harvard University Press, 2017

Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire.

Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans’ longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics—from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens.

By unearthing a lost history behind Afghanistan’s independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.

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al-Muwaṭṭaʾ, the Royal Moroccan Edition
The Recension of Yaḥyā Ibn Yaḥyā al-Laythī
Mālik b. Anas
Harvard University Press, 2019

The Muwaṭṭaʾ, written in the eighth century CE by Mālik b. Anas—known as the Imam of Medina—is the first written treatise of Islamic law. The Prophet Muḥammad and his earliest followers immigrated to the city of Medina after they experienced severe persecution in their hometown of Mecca, establishing the first Muslim community in Medina. As the Muslim community rapidly expanded, Medina lost some of its political importance, but retained its position as the leading Muslim center of learning for over one hundred years after the Prophet Muḥammad’s death. Imam Mālik’s Muwaṭṭaʾ provides an unparalleled window into the life of this early Muslim community, and the rituals, laws, and customs they upheld.

This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (2013). With its extensive notes, this edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies.

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Fatwas and Court Judgments
A Genre Analysis of Arabic Legal Opinion
Ahmed Fakhri
The Ohio State University Press, 2014
Fatwas and Court Judgments: A Genre Analysis of Arabic Legal Opinion uses a genre analysis approach to investigate how Arabic legal opinion is linguistically and rhetorically constructed in two culturally significant types of texts: secular court judgments and fatwas, the Islamic edicts based on sharii’a law. Ahmed Fakhri’s analysis shows that the court judgments exhibit several Western-inspired features, particularly the complexity of syntax and the rhetorical moves utilized to construct arguments. But the fatwas maintain conventional Arabic patterns of persuasion, such as citing religious texts, relying on affective appeal, and offering moral advice. Showing how these two radically different rhetorical traditions coexist, Fatwas and Court Judgments totally re-conceptualizes Arabic legal argumentation by highlighting its diverse sources and hybridity.
 
The differences between the two genres stem from elements of their socio-cultural context, such as the role relations of the participants and the characteristics of the institutions to which the genres belong. Moving beyond these contexts, Fatwas and Court Judgments reveals generic practices that have broad implications for understanding various aspects of wider Arab culture, including the tension between modern secular ideologies and traditional religious beliefs, the male-dominated access to discourse, and the prevalence of utilitarian attitudes exhibited in “fatwa shopping.”
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The History of an Islamic School of Law
The Early Spread of Hanafism
Nurit Tsafrir
Harvard University Press, 2004
The Hanafi school of law is one of the oldest legal schools of Islam, coming into existence in the eighth century in Iraq, and surviving up to the present. So closely is the early development of the Hanafi school interwoven with non-legal spheres, such as the political, social, and theological, that the study of it is essential to a proper understanding of medieval Islamic history. Using rich material drawn mainly from medieval Islamic biographical dictionaries, Nurit Tsafrir offers a thorough examination of the first century and a half of the school's existence, the period during which it took shape. She provides a detailed account of the process by which the school attracted ever more followers and spread over vast geographical areas in the Islamic world empire.
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Islam and the Rule of Justice
Image and Reality in Muslim Law and Culture
Lawrence Rosen
University of Chicago Press, 2018
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account.
           
With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
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Islam and the Secular State
Negotiating the Future of Shari`a
Abdullahi Ahmed An-Na`im
Harvard University Press, 2008

What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies.

An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition.

Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

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Islamic Legal Interpretation
Muftis and Their Fatwas
Muhammad Khalid Masud
Harvard University Press, 1996

For more than a millennium, fatwas have guided and shaped Muslim understandings of Islamic law. The whole world knows of Ayatollah Khomeini’s fatwa in the Salman Rushdie case, yet this key institution in Muslim society has not been the subject of a major examination until now.

Ranging in import from the routine to the revolutionary, and in form from one-line answers to short treatises, fatwas have served to reaffirm received wisdom, caution against error, and chart novel responses to changing circumstances. The interpreters, the muftis of Islam, have included the greatest independent scholars of the ages, heads of large state bureaucracies, and unassuming jurists in local districts. Their vital task, which continues today in published collections as well as on radio and television, is to strive to interpret God’s design for the Muslim community.

Islamic Legal Interpretation uses an approach unique in Islamic studies, a casebook of expert analyses of fatwas from a wide range of times and places. The editors’ first chapter sets forth the origins, classical diversity, and modern development of the fatwa, while the following chapters illustrate particular opinions and their contexts. The approach throughout is interdisciplinary, as historians, lawyers, language specialists, and social scientists address fatwas as fundamental sources on both Islamic legal thought and Islamic social history.

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Islamic Legal Orthodoxy
Devin J Stewart
University of Utah Press, 2007
Stewart points to an underlying tension in Shi'ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissimulation, and in the lives of certain Shi'ite scholars who lived and studied among Sunnis.

One of the most far-reaching developments in the history of Islam was the rise of the four classic Sunni schools of law between the ninth and eleventh centuries CE. Consolidation of these schools went hand in hand with the establishment of jurists’ dominance over religious discourse and social institutions. Orthodoxy came to be defined as the consensus (ijma’) of the Sunni jurists. Devin Stewart argues that it is to the margins of the emerging system that investigators must look to understand its historical dynamics. The development of Twelve Shi’ite jurisprudence in relation and reaction to the Sunni schools is particularly informative.

In Islamic Legal Orthodoxy, Stewart explores the process by which Shi’ite jurists participated in the mainstream of Islamic jurisprudence and were influenced by Sunni legal doctrines. He identifies three main reactions to Sunni legal definitions of othodoxy and the concept of consensus on which it was based. The Akhbaris rejected Sunni legal consensus and juristic authority for a scripture-based system; many Shi’ite outwardly accepted the ground rules of Sunni legal consensus and joined the Shafi’i school of jurisprudence; a third option was to adopt the concept of consensus to create a “fifth,” Shi’ite, legal system.

The development of the Sunni legal system effectively set the ground rules for the marginal sect’s negotiation of their identity with respect to Islamic legal orthodoxy. Accordingly, Shi’ite jurists developed a legal institution that is structurally similar to the four Sunni madhhabs and even today serves as means to position themselves in the Muslim world. Stewart points to an underlying tension in Shi’ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissmulation (taqiyyah) and the lives of certain Shi’ite scholars who lived and studies among Sunnis. 
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The Islamic School of Law
Evolution, Devolution, and Progress
Peri Bearman
Harvard University Press, 2005
The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate. As scholars look to the construction of a new Islamic legal history, these essays inform on the background to madhhab formation, on inter-madhhab polemics and the drive toward legal authority, on madhhab perpetuation and anti-madhhab tendencies, on the constitutional role of the madhhab, on the madhhab's legislative and adjudicative mechanisms, and on the significance of the madhhab in comparative terms. This volume is of value to anyone interested in the nature of Islamic law.
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Jewish and Islamic Law
A Comparative Study of Custom during the Geonic Period
Gideon Libson
Harvard University Press, 2003

Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. His in-depth study of Islamic law—its sources, legal schools, and extensive legal literature—together with his expertise in the wide range of geonic and rabbinic literature enable him to determine the influence of Muslim practice on geonic custom.

In both systems of law the growth of custom was a reaction to the general culture. He shows conclusively how custom in both systems of law served as a conduit for the absorption of changes, thus helping to bridge the gap between the authoritative legal systems and the practical realities of the environment. Libson's contribution to the study of comparative Jewish and Islamic law during the geonic period will be of value to scholars engaged in the study of comparative law.

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The Languages of Political Islam
India 1200-1800
Muzaffar Alam
University of Chicago Press, 2004
The Languages of Political Islam illuminates the diverse ways in which Islam, from the time of its arrival in India in the twelfth century through its height as the ruling theology to its decline, adapted to its new cultural context to become "Indianized."

Muzaffar Alam shows that the adoption of Arabo-Persian Islam in India changed the manner in which Islamic rule and governance were conducted. Islamic regulation and statecraft in a predominately Hindu country required strategic shifts from the original Islamic injunctions. Islamic principles could not regulate beliefs in a vast country without accepting cultural limitations and limits on the exercise of power. As a result of cultural adaptation, Islam was in the end forced to reinvent its principles for religious rule. Acculturation also forced key Islamic terms to change so fundamentally that Indian Islam could be said to have acquired a character substantially different from the Islam practiced outside of India.
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Legal Integration of Islam
A Transatlantic Comparison
Christian Joppke and John Torpey
Harvard University Press, 2013

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other.

While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested.

Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

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Muslims Talking Politics
Framing Islam, Democracy, and Law in Northern Nigeria
Brandon Kendhammer
University of Chicago Press, 2016
For generations Islamic and Western intellectuals and policymakers have debated Islam’s compatibility with democratic government, usually with few solid conclusions. But where—Brandon Kendhammer asks in this book—have the voices of ordinary, working-class Muslims been in this conversation? Doesn’t the fate of democracy rest in their hands? Visiting with community members in northern Nigeria, he tells the complex story of the stunning return of democracy to a country that has also embraced Shariah law and endured the radical religious terrorism of Boko Haram.
           
Kendhammer argues that despite Nigeria’s struggles with jihadist insurgency, its recent history is really one of tenuous and fragile reconciliation between mass democratic aspirations and concerted popular efforts to preserve Islamic values in government and law. Combining an innovative analysis of Nigeria’s Islamic and political history with visits to the living rooms of working families, he sketches how this reconciliation has been constructed in the conversations, debates, and everyday experiences of Nigerian Muslims. In doing so, he uncovers valuable new lessons—ones rooted in the real politics of ordinary life—for how democracy might work alongside the legal recognition of Islamic values, a question that extends far beyond Nigeria and into the Muslim world at large. 
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One Word - Yak Kaleme
19th Century Persian Treatise Introducing Western Codified Law
Sen McGlinn
Amsterdam University Press, 2010
One Word – Yak Kaleme was one of the first treatises in the Middle East to demonstrate that Islam is compatible with the introduction of modern western forms of government, and specifically that the principles of the sharia can be incorporated in a codified law comparable to that found in European countries. This was a daring argument in the late 19th century, when it was extremely difficult to convince the rulers and religious class that a civil code of law was needed: would it not diminish the status of the ruler, and would it not be an admission that the religious law, the sharia, was deficient? The author, Mirza Yu¯suf Kha¯n Mustashar al-Dawla (d. 1895), was a liberal-minded bureaucrat campaigning for reform of the absolutist system and the creation of one based on European principles of government. He held several posts abroad including St Petersburg (1854-62), and Paris (1867-71), as well as carrying out administrative duties in Iran itself. In One Word he argues that the principles underlying constitutional government can be found in Islamic sources, particularly in the Quran and traditions of the Prophet. Unlike some Oriental travellers to Europe at that time, he observed that European dominance was not derived from a few technological advances, but primarily from the organisation of society, on the basis of codified law. One Word was a significant text in the lead-up to the Iranian Constitutional Revolution of 1906, but its message is relevant today.
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The Politics of Islamic Law
Local Elites, Colonial Authority, and the Making of the Muslim State
Iza R. Hussin
University of Chicago Press, 2016
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter.
           
Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level. 
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Questioning Secularism
Islam, Sovereignty, and the Rule of Law in Modern Egypt
Hussein Ali Agrama
University of Chicago Press, 2012
The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.
 
Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
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The Search for God's Law
Islamic Jurisprudence in the Writings of Sayf al-Din al-Amidi
Bernard G Weiss
University of Utah Press, 2010
Scholars praised the 1992 edition of The Search for God’s Law as a groundbreaking intellectual treatment of Islamic jurisprudence. Bernard Weiss’s revised edition brings to life Sayf al-Din al Amidi’s classic exposition of the methodologies through which Muslim scholars have constructed their understandings of the divine law.

Weiss’s new introduction provides an overview of Amidi’s jurisprudence that facilitates deeper comprehension of the challenging dialectic of the text. This edition includes an in-depth analysis of the nature of language and the ways in which it mediates the law, while shaping it at the same time. An updated index has been added.


 

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The search for God's law
Islamic jurisprudence in the writings of Sayf al-Din al-Amidi
Bernard G Weiss
University of Utah Press, 1992

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Sharia Incorporated
A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present
Edited by Jan Michiel Otto
Leiden University Press, 2010
The aim of Sharia Incorporated is to provide unbiased and contextual information about a topic that has of late been hijacked by politics in the Muslim world as well as in the West. Sharia Incorporated, written by laudable international scholars, is an ambitious study of the incorporation of Islamic law traditions into national legal systems. The book also explores the sensitive topic of ‘Western’ human rights and other rule of law standards in a Muslim world. It provides an in-depth analysis of the role of sharia in the historical and legal formation of twelve representative Muslim states, with a unique comparison of key issues raised by the ‘Islamic awakening’ of recent decades. In the preface Jan Michiel Otto goes to the heart of the prevailing environment in which Western discourses tend to oversimplify the substance and effect of Islam and sharia.
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Text and Interpretation
Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law
Hossein Modarressi
Harvard University Press, 2022

Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law examines the main characteristics of the legal thought of Imam Jaʿfar al-Ṣādiq, a preeminent religious scholar jurist of Medina in the first half of the second century of the Muslim calendar (mid-eighth century CE). Numerous works in different languages have appeared over the past half century to introduce this school of Islamic law and its history, legal theory, and substance in contexts of Shīʿī law.

While previous literature has focused on the current status of the school in its developed and expanded form, this book presents an intellectual history of how the school began. The Jaʿfarī school emerged within the general legal discourse of late-Umayyad and early- Abbasid periods, but was known to differ in certain approaches from the other main legal schools of this time. Namely, the Jaʿfarī school expanded the tools for legal interpretation generally and contracts specifically, to a degree unmatched by any of its counterparts in the Muslim legal tradition. In addition to sketching the origins of the school, the book examines Jaʿfar al-Ṣādiq’s interpretive approach through detailing his position on a number of specific questions, as well as the legal canons, presumptions, and other interpretive tools he adopted.

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Understanding Contemporary Islamic Crises in the Middle East
The Issues Beneath the Surface
Graham E. Fuller
Leiden University Press, 2016
During the past decade in the Middle East, widespread war and violence, the collapse of numerous regimes, and the emergence of ISIS have caused profound geopolitical shifts. This book addresses these changes and how they may shape the future of this tumultuous region.
First, Graham E. Fuller focuses on Shari’a law and its appropriate role, if any, in the politics and governance of the Muslim world, thereby further exploring why identity may be the most important factor in examining politics in the Middle East today. He also addresses the current Shi’ite-Sunni conflict, going beyond theological approaches found in most Western analysis to better understand the many more extra-religious factors also at work. Perhaps most importantly, this book claims that the appearance of ISIS has stretched the perennial phenomenon of political Islam to the extreme. Fuller concludes by asking what ISIS implies for the future of the Middle East and for Muslims’ understanding of Islam itself.
 
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