Pub Date : 2023-01-30DOI: 10.1163/15685195-bja10034
Janina M. Safran
This essay traces the incorporation of a sixth/twelfth century fatwā supporting the construction of churches in North Africa in the Mālikī madhhab and provides insight into practices of Mālikī legal interpretation in the Maghrib in the ninth/fifteenth century. In his fatwā, the Cordoban jurist Ibn al-Ḥājj (d. 529/1134) addressed a novel situation involving the relocation of Christians from al-Andalus. This fatwā was selected by the Tunisian jurist al-Burzulī (d. 841/1438) for commentary in his Jāmiʿ masāʾil al-aḥkām. He discussed Ibn al-Ḥājj’s opinions with reference to al-Mudawwana and al-Wāḍiḥa, and later commentaries, and made a connection to church building in Tunis. In the late ninth/fifteenth century, three jurists writing in response to anti-Jewish attacks in Tamanṭīṭ, in the Tuwāt oasis (Algeria), cited Ibn al-Ḥājj’s fatwā, as redacted by al-Burzulī, in their opinions on the destruction of a local synagogue. Each jurist treated Ibn al-Ḥājj’s fatwā as a relevant legal precedent. At the same time, each reevaluated the parameters of Mālikī debate about non-Muslim houses of worship to assert his distinct opinion about the synagogue of Tamanṭīṭ and the position of the Mālikī madhhab on non-Muslim houses of worship in Muslim lands.
{"title":"A House of Worship for Every Religious Community: The History of a Mālikī Fatwā","authors":"Janina M. Safran","doi":"10.1163/15685195-bja10034","DOIUrl":"https://doi.org/10.1163/15685195-bja10034","url":null,"abstract":"\u0000This essay traces the incorporation of a sixth/twelfth century fatwā supporting the construction of churches in North Africa in the Mālikī madhhab and provides insight into practices of Mālikī legal interpretation in the Maghrib in the ninth/fifteenth century. In his fatwā, the Cordoban jurist Ibn al-Ḥājj (d. 529/1134) addressed a novel situation involving the relocation of Christians from al-Andalus. This fatwā was selected by the Tunisian jurist al-Burzulī (d. 841/1438) for commentary in his Jāmiʿ masāʾil al-aḥkām. He discussed Ibn al-Ḥājj’s opinions with reference to al-Mudawwana and al-Wāḍiḥa, and later commentaries, and made a connection to church building in Tunis. In the late ninth/fifteenth century, three jurists writing in response to anti-Jewish attacks in Tamanṭīṭ, in the Tuwāt oasis (Algeria), cited Ibn al-Ḥājj’s fatwā, as redacted by al-Burzulī, in their opinions on the destruction of a local synagogue. Each jurist treated Ibn al-Ḥājj’s fatwā as a relevant legal precedent. At the same time, each reevaluated the parameters of Mālikī debate about non-Muslim houses of worship to assert his distinct opinion about the synagogue of Tamanṭīṭ and the position of the Mālikī madhhab on non-Muslim houses of worship in Muslim lands.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48400969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-24DOI: 10.1163/15685195-20220001
P. Bruckmayr
Between the 1870s and 1902, the Jakarta-based Sayyid ʽUthmān b. ʽAbd Allāh al-ʽAlawī wrote two epistles on the correct establishment of the qibla. Questions on the qibla and, controversially, on correcting the faulty direction of prayer in several mosques in Southeast Asia, surfaced in the late 18th century and reappeared periodically until well into the 20th century. Seeking to change the established qibla of a mosque represented not only a strong claim to religious authority, but also a direct assault on the legitimacy of local religious leaders. Thus, Sayyid ʽUthmān’s epistles were aimed not only at cementing his scholarly status, but also at intervening in the social cleavages of the time. This contribution will analyze the author’s two treatises on the qibla and situate them within their scholarly and social context.
{"title":"Facing Mecca from Java: Two Treatises on the Establishment of the qibla, and Their Scholarly and Social Context","authors":"P. Bruckmayr","doi":"10.1163/15685195-20220001","DOIUrl":"https://doi.org/10.1163/15685195-20220001","url":null,"abstract":"\u0000Between the 1870s and 1902, the Jakarta-based Sayyid ʽUthmān b. ʽAbd Allāh al-ʽAlawī wrote two epistles on the correct establishment of the qibla. Questions on the qibla and, controversially, on correcting the faulty direction of prayer in several mosques in Southeast Asia, surfaced in the late 18th century and reappeared periodically until well into the 20th century. Seeking to change the established qibla of a mosque represented not only a strong claim to religious authority, but also a direct assault on the legitimacy of local religious leaders. Thus, Sayyid ʽUthmān’s epistles were aimed not only at cementing his scholarly status, but also at intervening in the social cleavages of the time. This contribution will analyze the author’s two treatises on the qibla and situate them within their scholarly and social context.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49336249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-24DOI: 10.1163/15685195-bja10036
Eli Alshech
The article explores the ways in which online posting by contemporary Salafi-jihadis in Israel create an enclave mentality that serves to transform Salafi-jihadis into an insular community. Because Salafi-jihadis can no longer by law advocate active jihad on social media in Israel, their posts focus on three Islamic legal themes: The dichotomy between God’s devotees and God’s enemies; the untrustworthiness of Muslim rulers, official Muslim scholars, and “impious” Muslim associations like the Muslim Brothers; and the obligation to apply the doctrine of takfīr against Muslims and deviant Muslim rulers. Although seemingly innocuous, social media posts encourage Salafi-jihadis to take actions that result in their segregation from other Muslims in Israel, particularly Salafi-Taqlidis, and, at the same time, create and maintain a networked community of like-minded individuals willing to implement the Salafi-jihadi creed when the time is ripe.
{"title":"Salafi-Jihadi Online Communication in Israel: Forging a Community Through an “Enclave” Mindset","authors":"Eli Alshech","doi":"10.1163/15685195-bja10036","DOIUrl":"https://doi.org/10.1163/15685195-bja10036","url":null,"abstract":"\u0000The article explores the ways in which online posting by contemporary Salafi-jihadis in Israel create an enclave mentality that serves to transform Salafi-jihadis into an insular community. Because Salafi-jihadis can no longer by law advocate active jihad on social media in Israel, their posts focus on three Islamic legal themes: The dichotomy between God’s devotees and God’s enemies; the untrustworthiness of Muslim rulers, official Muslim scholars, and “impious” Muslim associations like the Muslim Brothers; and the obligation to apply the doctrine of takfīr against Muslims and deviant Muslim rulers. Although seemingly innocuous, social media posts encourage Salafi-jihadis to take actions that result in their segregation from other Muslims in Israel, particularly Salafi-Taqlidis, and, at the same time, create and maintain a networked community of like-minded individuals willing to implement the Salafi-jihadi creed when the time is ripe.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44267019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-20DOI: 10.1163/15685195-bja10037
Elizabeth Lhost
{"title":"Moumtaz, Nada. God’s Property: Islam, Charity, and the Modern State","authors":"Elizabeth Lhost","doi":"10.1163/15685195-bja10037","DOIUrl":"https://doi.org/10.1163/15685195-bja10037","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44068412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-20DOI: 10.1163/15685195-bja10038
Umar Shareef
This article identifies the seventeenth-century Ottoman legal debate over the permissibility of tobacco as an early instance in which jurists such as Najm al-Dīn al-Ghazzī and Ibrāhīm al-Laqānī, and ʿAlāʾ al-Dīn al-Haṣkafī refer to the ‘ruler’s right to restrict the permissible’ (taqyīd al-mubāḥ) to justify sultan Murād iv’s restriction of smoking. In response, jurists such as ʿAbd al-Ghanī al-Nābulsī and ʿAlī b. Muḥammad al-Ajhūrī contested the application of taqyīd al-mubāḥ to tobacco on the grounds that it did not satisfy the required condition of securing public well-being (maṣlaḥa). My findings show that the jurists agreed on the administrative privilege of the ruler to restrict the permissible but disagreed over whether the ban against tobacco was based on maṣlaḥa or if an accidental property could temporarily prohibit the performance of a permissible act. This paper sheds light on the diversity of juristic positions with regard to the valid exercise of political power, the scope of the ruler’s legal jurisdiction, and the relationship between political and religious authorities.
{"title":"Taqyīd al-Mubāḥ and Tobacco: Between Administrative and Legislative Authority","authors":"Umar Shareef","doi":"10.1163/15685195-bja10038","DOIUrl":"https://doi.org/10.1163/15685195-bja10038","url":null,"abstract":"\u0000This article identifies the seventeenth-century Ottoman legal debate over the permissibility of tobacco as an early instance in which jurists such as Najm al-Dīn al-Ghazzī and Ibrāhīm al-Laqānī, and ʿAlāʾ al-Dīn al-Haṣkafī refer to the ‘ruler’s right to restrict the permissible’ (taqyīd al-mubāḥ) to justify sultan Murād iv’s restriction of smoking. In response, jurists such as ʿAbd al-Ghanī al-Nābulsī and ʿAlī b. Muḥammad al-Ajhūrī contested the application of taqyīd al-mubāḥ to tobacco on the grounds that it did not satisfy the required condition of securing public well-being (maṣlaḥa). My findings show that the jurists agreed on the administrative privilege of the ruler to restrict the permissible but disagreed over whether the ban against tobacco was based on maṣlaḥa or if an accidental property could temporarily prohibit the performance of a permissible act. This paper sheds light on the diversity of juristic positions with regard to the valid exercise of political power, the scope of the ruler’s legal jurisdiction, and the relationship between political and religious authorities.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49385793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-26DOI: 10.1163/15685195-bja10033
Julie Lowe
Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tradition is the only school that does not protect intellectual property. By examining Ḥanafī legal manuals and fatwās by contemporary Ḥanafī jurists, I argue that variant interpretations of Ḥanafī doctrine can result in a finding of compatibility or incompatibility between Ḥanafī law and copyright. Interpretations that recognize copyright protect Ḥanafīs from tension between state laws on intellectual property and religious practice. Whereas some Ḥanafī jurists hold that Ḥanafī law is fully compatible with copyright, others place restrictions on copyright or reject copyright entirely. Ḥanafī legal manuals grant some protection to intangible notions such as honour, confidentiality and sanctity. One interpretation of property rules accommodates intellectual property rights. The principles of public interest (ḥuqūq Allāh) and private rights (ḥuqūq al-ʿibād) may provide jurists who accept intellectual property with a means to better theorize aspects of copyright.
{"title":"Ḥanafī Approaches to Copyright","authors":"Julie Lowe","doi":"10.1163/15685195-bja10033","DOIUrl":"https://doi.org/10.1163/15685195-bja10033","url":null,"abstract":"\u0000Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tradition is the only school that does not protect intellectual property. By examining Ḥanafī legal manuals and fatwās by contemporary Ḥanafī jurists, I argue that variant interpretations of Ḥanafī doctrine can result in a finding of compatibility or incompatibility between Ḥanafī law and copyright. Interpretations that recognize copyright protect Ḥanafīs from tension between state laws on intellectual property and religious practice. Whereas some Ḥanafī jurists hold that Ḥanafī law is fully compatible with copyright, others place restrictions on copyright or reject copyright entirely. Ḥanafī legal manuals grant some protection to intangible notions such as honour, confidentiality and sanctity. One interpretation of property rules accommodates intellectual property rights. The principles of public interest (ḥuqūq Allāh) and private rights (ḥuqūq al-ʿibād) may provide jurists who accept intellectual property with a means to better theorize aspects of copyright.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45644285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-26DOI: 10.1163/15685195-bja10032
Hümeyra Bostan-Berber
This article deals with the institutionalisation and bureaucratisation of the judicial system in the Ottoman province of Yemen in the late nineteenth and early twentieth centuries. During this period, the Ottoman central government gradually transformed and reorganised its judiciary, restricting the purview of the traditional şer‘iyye courts and increasing that of its new nizamiye courts. However, when the state attempted to incorporate its newly conquered province of Yemen into this new judicial system, it soon encountered problems. After abandoning the nizamiye courts, the government authorised the administrative councils and şer‘iyye courts to implement nizami law. I argue that the flexibility of Ottoman practices facilitated the gradual transformation of the legal system in Yemen, resulting in the re-establishment of the nizamiye courts with the agreement of local leaders. I also demonstrate that despite its efforts to centralise, the Ottoman state did not impose uniform policies and practices during the nineteenth century.
{"title":"The Integration of Yemen into the Ottoman Bureaucratic and Central Judicial System (1872–1918)","authors":"Hümeyra Bostan-Berber","doi":"10.1163/15685195-bja10032","DOIUrl":"https://doi.org/10.1163/15685195-bja10032","url":null,"abstract":"\u0000This article deals with the institutionalisation and bureaucratisation of the judicial system in the Ottoman province of Yemen in the late nineteenth and early twentieth centuries. During this period, the Ottoman central government gradually transformed and reorganised its judiciary, restricting the purview of the traditional şer‘iyye courts and increasing that of its new nizamiye courts. However, when the state attempted to incorporate its newly conquered province of Yemen into this new judicial system, it soon encountered problems. After abandoning the nizamiye courts, the government authorised the administrative councils and şer‘iyye courts to implement nizami law. I argue that the flexibility of Ottoman practices facilitated the gradual transformation of the legal system in Yemen, resulting in the re-establishment of the nizamiye courts with the agreement of local leaders. I also demonstrate that despite its efforts to centralise, the Ottoman state did not impose uniform policies and practices during the nineteenth century.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46160183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-23DOI: 10.1163/15685195-bja10035
Emilio Spadola
{"title":"Aria Nakissa, The Anthropology of Islamic Law: Education, Ethics, and Legal Interpretation at Egypt’s Al-Azhar","authors":"Emilio Spadola","doi":"10.1163/15685195-bja10035","DOIUrl":"https://doi.org/10.1163/15685195-bja10035","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64582754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-22DOI: 10.1163/15685195-bja10030
Mohammed Allehbi
Muslim rulers and law enforcers used coercion as an evidentiary method for criminal cases during the Abbasid period. These coercive procedures consisted of imprisonment, threats of beatings, and lashings. Coercive interrogations were shaped by the practices of the shurṭa (criminal magistrates and police chiefs), based on military methods, administrative precedents, and discretion, not on fiqh (Islamic substantive law). In the Abbasid era (300–500 A.H./900–1100 C.E.), government officials, such as Ibn Wahb (d. after 335/946), and even some jurists, particularly the chief judge al-Māwardī (d. 450/1058), legitimized these coercive practices by framing their use as a matter determined by authority and jurisdiction. By tracing the military-administrative genealogy of coercion, I seek to examine the methods and reasoning that constituted the criminal justice system that came to be known as siyāsa. Drawing on various administrative and literary sources, I examine a history of coercion in Islamic law beyond fiqh.
{"title":"“It is Permitted for the Amīr but not the Qāḍī”: The Military-Administrative Genealogy of Coercion in Abbasid Criminal Justice","authors":"Mohammed Allehbi","doi":"10.1163/15685195-bja10030","DOIUrl":"https://doi.org/10.1163/15685195-bja10030","url":null,"abstract":"\u0000 Muslim rulers and law enforcers used coercion as an evidentiary method for criminal cases during the Abbasid period. These coercive procedures consisted of imprisonment, threats of beatings, and lashings. Coercive interrogations were shaped by the practices of the shurṭa (criminal magistrates and police chiefs), based on military methods, administrative precedents, and discretion, not on fiqh (Islamic substantive law). In the Abbasid era (300–500 A.H./900–1100 C.E.), government officials, such as Ibn Wahb (d. after 335/946), and even some jurists, particularly the chief judge al-Māwardī (d. 450/1058), legitimized these coercive practices by framing their use as a matter determined by authority and jurisdiction. By tracing the military-administrative genealogy of coercion, I seek to examine the methods and reasoning that constituted the criminal justice system that came to be known as siyāsa. Drawing on various administrative and literary sources, I examine a history of coercion in Islamic law beyond fiqh.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43725988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-16DOI: 10.1163/15685195-bja10029
S. Fuchs
{"title":"Redding, Jeffrey A. A Secular Need: Islamic Law and State Governance in Contemporary India","authors":"S. Fuchs","doi":"10.1163/15685195-bja10029","DOIUrl":"https://doi.org/10.1163/15685195-bja10029","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42323219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：