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Between God and the Sultan A History of Islamic Law

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ISBN-10: 0195223985

ISBN-13: 9780195223989

Edition: 2005

Authors: Knut S. Vik�r

List price: $35.99
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The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those…    
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Book details

List price: $35.99
Copyright year: 2005
Publisher: Oxford University Press, Incorporated
Publication date: 1/5/2006
Binding: Paperback
Pages: 400
Size: 8.39" wide x 5.39" long x 0.98" tall
Weight: 1.276
Language: English

Preface
Introduction: Does Islamic Law Exist?
Where is the Islamic law?
The methods for studying Islamic law
The Theory of the Law
From Practice to Method
Law or tradition
Al-Shafi'i
The Koran and Sunna as Sources
Four sources or three levels
The Koran
Hadith
Contradictions between Koran and hadith
Elaborating the Sources: Qiyas and Ijtihad
Ijtihad
Qiyas
'Illa
How did the qiyas methodology arise?
Istihsan: to ignore a qiyas rule
The 'illa and hukm become the rule
Getting Social Sanction: Ijma' and Authorization
Ijma'
How is ijma' established?
Ijma' and the revealed Texts
Shafi'i's model
The Application of the Law
The Four Schools of Law
Putting the law in writing
The schools
Four consensuses
What the dates mean
Law Beyond the Four Schools
'Proto-Sunni' currents
Ibadism
Shi'ism
The principles of Shi'i law
The Court and the Law: the Muftis and Legal Development
Fatwas
The mufti, the state and the courts
The process of ifta'
From ijtihad to fatwa
Taqlid and the rules of the school
Manuals and supplementary works
Other sources for legal practice
The Court and its Judge: the Role of the Qadi
Competence and organization
Standard procedure
Practices of the court
The History of the Law
The Court and the State
Non-Shari'a courts: Mazalim and shurta
Hisba and the muhtasib
Shari'a and siyasa courts
Law and Courts in the Ottoman Empire
Kanun and Shari'a
The qadis
The muftis and the seyhul-islam
Ottoman law in the provinces: Tunisia
Islamic Law in the Modern Period
Changes after 1800
From kanun to national laws
Reforms in the Ottoman empire
Egypt
Algeria
Africa: Islamic law in British colonies
Traditional states in a modern world
Implementing the Shari'a'
Islamism
Shari'a in practice today: Saudi Arabia
Iran
Sudan
Shari'a through siyasa
Some Areas of the Law
Criminal Law
The field of the law
Hudud
Murder and blood money
Apostasy
Methods of punishment
Family Law
Marriage
Divorce
Children
Inheritance
Modern adaptations
Economy, taxes and property
Islamic banking
Taxes
Waqf
Conclusion
Glossary
Bibliography
Index