Pub Date : 2021-05-26DOI: 10.1163/15685195-BJA10012
Elon Harvey
Green-glazed jars were manufactured in southern Iraq during the Parthian, Sasanian, and early Islamic periods. In the latter period, they were distributed in great numbers in the Near East and in coastal areas along the Indian Ocean from the Horn of Africa to China and Japan. The jars are thought to have been used chiefly for storing “date-syrup.” Around the 4th/10th century their production was significantly reduced and their prevalence greatly declined, a phenomenon that has puzzled archeologists. In this study, I identify these jars with “the green jars” (al-jarr al-akhḍar or ḥantam) mentioned in some classical Islamic texts. According to numerous Ḥadīth, the Prophet prohibited nabīdh (date-wine) in “green jars.” While many Muslim jurists held that the Prophet withdrew this prohibition and that these jars were lawful, many found the use of these jars reprehensible or even forbidden. I suggest that the Ḥadīth in which the Prophet prohibited green jars may have contributed to the decline of green-glazed jars.
{"title":"The Decline of Green-Glazed Jars after the Early Abbasid Period","authors":"Elon Harvey","doi":"10.1163/15685195-BJA10012","DOIUrl":"https://doi.org/10.1163/15685195-BJA10012","url":null,"abstract":"\u0000Green-glazed jars were manufactured in southern Iraq during the Parthian, Sasanian, and early Islamic periods. In the latter period, they were distributed in great numbers in the Near East and in coastal areas along the Indian Ocean from the Horn of Africa to China and Japan. The jars are thought to have been used chiefly for storing “date-syrup.” Around the 4th/10th century their production was significantly reduced and their prevalence greatly declined, a phenomenon that has puzzled archeologists. In this study, I identify these jars with “the green jars” (al-jarr al-akhḍar or ḥantam) mentioned in some classical Islamic texts. According to numerous Ḥadīth, the Prophet prohibited nabīdh (date-wine) in “green jars.” While many Muslim jurists held that the Prophet withdrew this prohibition and that these jars were lawful, many found the use of these jars reprehensible or even forbidden. I suggest that the Ḥadīth in which the Prophet prohibited green jars may have contributed to the decline of green-glazed jars.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"-1 1","pages":"1-43"},"PeriodicalIF":0.5,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45255785","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 : 2021-05-26DOI: 10.1163/15685195-BJA10010
S. Younas
{"title":"Authority in the Classical Ḥanafī School: the Emergence & Evolution of Ẓāhir al-Riwāya","authors":"S. Younas","doi":"10.1163/15685195-BJA10010","DOIUrl":"https://doi.org/10.1163/15685195-BJA10010","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"-1 1","pages":"1-65"},"PeriodicalIF":0.5,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45500044","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 : 2021-05-11DOI: 10.1163/15685195-BJA10007
Norbert Oberauer
The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ manuals, fatwās and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written documents. I argue that this discourse operated on several levels, some of which are virtually invisible if these sources are studied in isolation. By contrast, a holistic perspective reveals a subtle interaction between these discursive levels that reduced the tension between legal doctrine and practical concerns.
{"title":"The Function of Documents in Islamic Court Procedure: a Multi-Dimensional Approach","authors":"Norbert Oberauer","doi":"10.1163/15685195-BJA10007","DOIUrl":"https://doi.org/10.1163/15685195-BJA10007","url":null,"abstract":"\u0000The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ manuals, fatwās and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written documents. I argue that this discourse operated on several levels, some of which are virtually invisible if these sources are studied in isolation. By contrast, a holistic perspective reveals a subtle interaction between these discursive levels that reduced the tension between legal doctrine and practical concerns.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"-1 1","pages":"1-78"},"PeriodicalIF":0.5,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42559889","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 : 2021-04-20DOI: 10.1163/15685195-BJA10008
Omar Anchassi
This article explores how jurists articulated the distinction between free and enslaved Muslim women through sartorial norms in the formative and early post-formative periods of Islamic law. Drawing on works of fiqh (positive law), tafsīr (Qurʾān commentary) and ḥadīth (Prophetic and non-Prophetic reports), I posit that this distinction attests to the tensions between “proprietary” and “theocentric” sexual ethics, as noted by Hina Azam. Specifically, I track the variant transmissions of a widely-cited report featuring the Caliph ʿUmar (r. 13–23/634–44), and trace how jurists responded to the free-slave binary in their discussion of “modesty zones” (ʿawrāt) and veiling practices. Based on a detailed examination of fiqh sources to the early fifth Islamic century (with some attention to subsequent material), I argue that Islamic modesty norms are best understood in light of the proprietary/theocentric binary, and that the divergence between juristic expectations of free and enslaved women increased in the post-formative period.
{"title":"Status Distinctions and Sartorial Difference: Slavery, Sexual Ethics, and the Social Logic of Veiling in Islamic Law","authors":"Omar Anchassi","doi":"10.1163/15685195-BJA10008","DOIUrl":"https://doi.org/10.1163/15685195-BJA10008","url":null,"abstract":"\u0000This article explores how jurists articulated the distinction between free and enslaved Muslim women through sartorial norms in the formative and early post-formative periods of Islamic law. Drawing on works of fiqh (positive law), tafsīr (Qurʾān commentary) and ḥadīth (Prophetic and non-Prophetic reports), I posit that this distinction attests to the tensions between “proprietary” and “theocentric” sexual ethics, as noted by Hina Azam. Specifically, I track the variant transmissions of a widely-cited report featuring the Caliph ʿUmar (r. 13–23/634–44), and trace how jurists responded to the free-slave binary in their discussion of “modesty zones” (ʿawrāt) and veiling practices. Based on a detailed examination of fiqh sources to the early fifth Islamic century (with some attention to subsequent material), I argue that Islamic modesty norms are best understood in light of the proprietary/theocentric binary, and that the divergence between juristic expectations of free and enslaved women increased in the post-formative period.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47903831","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 : 2021-01-04DOI: 10.1163/15685195-BJA10006
Y. Soufi
The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.
{"title":"“Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq","authors":"Y. Soufi","doi":"10.1163/15685195-BJA10006","DOIUrl":"https://doi.org/10.1163/15685195-BJA10006","url":null,"abstract":"\u0000The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"28 1","pages":"1-31"},"PeriodicalIF":0.5,"publicationDate":"2021-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43502139","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 : 2021-01-04DOI: 10.1163/15685195-2704P003
Scott C. Lucas
{"title":"Jonathan E. Brockopp (2017), Muhammad’s Heirs: The Rise of Muslim Scholarly Communities, 622–950","authors":"Scott C. Lucas","doi":"10.1163/15685195-2704P003","DOIUrl":"https://doi.org/10.1163/15685195-2704P003","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"28 1","pages":"113-117"},"PeriodicalIF":0.5,"publicationDate":"2021-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44607750","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 : 2021-01-04DOI: 10.1163/15685195-2704P004
Luke Yarbrough
{"title":"Sarah Stroumsa (2019), Andalus and Sefarad: On Philosophy and Its History in Islamic Spain","authors":"Luke Yarbrough","doi":"10.1163/15685195-2704P004","DOIUrl":"https://doi.org/10.1163/15685195-2704P004","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"28 1","pages":"118-124"},"PeriodicalIF":0.5,"publicationDate":"2021-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48499948","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 : 2020-10-20DOI: 10.1163/15685195-2704p002
Adam Sabra
{"title":"Mathieu Tillier (2017), L’invention du cadi: La Justice des musulmans, des juifs et des chrétiens aux premiers siècles de l’Islam","authors":"Adam Sabra","doi":"10.1163/15685195-2704p002","DOIUrl":"https://doi.org/10.1163/15685195-2704p002","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44553896","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 : 2020-10-20DOI: 10.1163/15685195-2704p001
R. Hoyland
{"title":"Lev Weitz (2018), Between Christ and Caliph: Law, Marriage and Christian Community in Early Islam","authors":"R. Hoyland","doi":"10.1163/15685195-2704p001","DOIUrl":"https://doi.org/10.1163/15685195-2704p001","url":null,"abstract":"","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"27 1","pages":"439-442"},"PeriodicalIF":0.5,"publicationDate":"2020-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42039732","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 : 2020-08-29DOI: 10.1163/15685195-00270a01
Gowaart Van Den Bossche
In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, Ibn al-Rifʿa suggests that the treatise was meant to function as a challenge to the author’s peers. I argue that al-Nafāʾis reflects ideas about the normative application of Shāfiʿī fiqh and that it can serve as a lens through which we can reconstruct a complex picture of the performance and negotiation of legal authority in the Mamluk period.
在700/1301年，凯恩斯学者Najm al-Dīn Ibn al-Rifʿa写了一篇简短的法律论文，题为Kitāb al-nafāʾis fīadillat hadm al-kanāʽis，他在论文中主张摧毁开罗的所有教堂和犹太教堂。一些编年史家报告说，这段文字被用来使民众对教堂的攻击和破坏合法化，但不久之后，伊本·里夫阿的意见被一个著名法学家委员会宣布无效。除了破坏教堂的法律论据外，Ibn al-Rifʿa还认为，这篇论文旨在挑战作者的同行。我认为，al-Nafāʾis反映了关于Shāfiʿīfiqh规范应用的思想，它可以作为一个镜头，通过它我们可以重建马穆鲁克时期法律权威的表现和谈判的复杂画面。
{"title":"Destroying Churches by Performing Knowledge: Ibn al-Rifʿa’s Kitāb al-nafā’is fī adillat hadm al-kanā’is (700/1301) and the Social Negotiation of Legal Authority","authors":"Gowaart Van Den Bossche","doi":"10.1163/15685195-00270a01","DOIUrl":"https://doi.org/10.1163/15685195-00270a01","url":null,"abstract":"\u0000In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, Ibn al-Rifʿa suggests that the treatise was meant to function as a challenge to the author’s peers. I argue that al-Nafāʾis reflects ideas about the normative application of Shāfiʿī fiqh and that it can serve as a lens through which we can reconstruct a complex picture of the performance and negotiation of legal authority in the Mamluk period.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"27 1","pages":"297-324"},"PeriodicalIF":0.5,"publicationDate":"2020-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15685195-00270a01","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44198648","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}
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