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