The Law Applied: Contextualizing the Islamic Shari'a by Peri Bearman, Wolfhart Heinrichs, Bernard G. Weiss

By Peri Bearman, Wolfhart Heinrichs, Bernard G. Weiss

A sea swap has taken position in Islamic criminal reviews. This publication either displays and contributes to that vary. characteristically, students during this box have tended to target legislation as a physique of ideas and doctrines, as ‘fiqh.’ This quantity is attracted to how the legislations has been utilized to concrete occasions. It appears to be like at judicial decision-making, felony reaction (fatwas), usual practices, the activities of public inspectors, cultural contexts, and theological discourses in addition to smooth criminal reform and constitutional improvement. Reflecting the pursuits of a brand new educational iteration, The legislations utilized deals an formidable and textured account of ways Islamic legislation works in perform within the social lifetime of the modern international.

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The Law Applied: Contextualizing the Islamic Shari'a

A sea switch has taken position in Islamic felony reviews. This ebook either displays and contributes to that modify. usually, students during this box have tended to target legislations as a physique of principles and doctrines, as ‘fiqh. ’ This quantity is attracted to how the legislations has been utilized to concrete occasions.

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Indd 31 12/13/2007 3:51:01 PM 32 john makdisi possession that receives protection beyond naked possession (known as yad in Islamic law). As we will see, these two concepts are remarkably similar in their constitutive elements, their legal effects, and the procedures by which they are proved in court. 59 The time must also be continuous. It is not continuous if the true lord makes even an unsuccessful effort to eject the possessor or brings an action and diligently pursues it to remove the possessor.

This form of proof was introduced to England by the Normans in the eleventh century and it persisted until it was abolished by statute in 1819. Other actions also used forms of proof primarily founded on the belief that God would intervene with a sign of the truth or would induce fear that would generate the truth. In the proof by ordeal, a person carried a red-hot iron or was lowered into a pool of water. If the hand did not burn or the body did not sink, the person was pronounced innocent. Proof by compurgation relied on the fear that the oath-taker would have of incurring God’s punishment if he took a false oath.

58 Ibid. , 3:15. , 2:157. 61 Ibid. 62 J. Lappanne-Joinville, Recueil de jurisprudence chérifienne (Paris 1952), 4:173 [hereinafter Lappanne-Joinville]. The claiming of the land for oneself is also known as attribution (nisba). , 192. , 219, 221–22. 64 Bracton, 3:27. 65 Lappanne-Joinville, 175. 66 Bracton, 3:46. , 3:57–8. 68 Robert C. Palmer, The County Courts of Medieval England: 1150–1350 (Princeton 1982), 90. 69 Makdisi, “Islamic Origins,” 1681–85. A typical writ that was given to one who was disseised of his free tenement unjustly and without judgment is provided in Book 32, Chapter 33 of Glanvill, supra n.

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