Ijtihad Network Being Wise and Faithful Muslim in the Contemporary World
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history.
Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature.
The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
About the Author
Aharon Layish (1933-2022), Ph.D. (1973), Professor Emeritus of the Hebrew University of Jerusalem, has published extensively on modern trends in Islamic law with special reference to Israel; Islamization of tribal customary law in Libya and the Judean Desert; Muslim and Druze waqf and testamentary waqf; marriage, divorce, and succession in the Muslim and Druze family; the Mahds legal methodology; and reinstatement of Islamic law in Sudan.
Table of Contents
Introduction: The Legal Document as a Source of Legal and Social History
Part 1 Interplay between Sharīʿa and Tribal Law
Chapter 1 Customary khulʿ as Reflected in the sijill of the Libyan Sharīʿa Courts
Chapter 2 Interplay between Tribal and Sharʿī Law: A Case of Tibbāwī Blood Money in the Sharīʿa Court of Kufra
Chapter 3 Shahādat naql in the Judicial Practice in Modern Libya
Chapter 4 Islamization of Custom as Reflected in Awards of Tribal Arbitrators in the Judaean Desert
Chapter 5 The Qāḍī’s Role in the Islamization of Sedentary Tribal Society
Chapter 6 Dār ʿadl – Symbiosis of Custom and Sharīʿa in a Tribal Society in Process of Sedentarization
Chapter 7 The fatwā as an Instrument of the Islamization of a Tribal Society in Process of Sedentarization
Part 2 Legal Methodologies in Sudan
Chapter 8 The Sudanese Mahdī’s Legal Methodology and its Ṣūfī Inspiration
Chapter 9 The Legal Methodology of the Mahdi in the Sudan, 1881–1885: Issues in Marriage and Divorce
Chapter 10 Ḥasan al-Turābī (1932–)
Part 3 Modern Trends in Islamic Law
Chapter 11 The Transformation of the Sharīʿa from Jurists’ Law to Statutory Law in the Contemporary Muslim World
Chapter 12 Islamic Law in the Modern World: Nationalization, lslamization, Reinstatement
Part 4 Waqf, Testamentary Waqf and Bequests
Chapter 13 Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive
Chapter 14 Waqfs and Ṣūfī Monasteries in the Ottoman Policy of Colonization: Sulṭān Selīm I’s Waqf of 1516 in Favour of Dayr al-Asad
Chapter 15 The Mālikī Family Waqf according to Wills and Waqfiyyāt
Chapter 16 The Family Waqf and the Sharʿī Law of Succession in Modern Times
Chapter 17 Bequests as an Instrument for Accommodating Inheritance Rules: Israel as a Case Study
Chapter 18 The Muslim Waqf in Israel
Part 5 Islamic Law in a Non-Muslim State
Chapter 19 The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Mille
Chapter 20 Adaptation of a Jurists’ Law to Modern Times in an Alien Environment: The Case of the Sharīʿa in Israel
Bibliographic Information
Title: Islamic Law, Tribal Customary Law and Waqf: Studies in the Legal History of the Modern Middle East and North Africa
Author (s): Aharon Layish
Publisher:
Length: 416 Pages
ISBN: 978-90-04-68092-0
Pub. Date: 30 Oct 2023
