Suchergebnisse

This article will propose that comparative law as a discipline should now consolidate itself as an independent subject with its own internal structure. This is not to say that its teachers and professors should abandon, or at least fully abandon, their "gift of freedom".1 Nor is it to confuse comparative law with other more specific law subjects which may be taught in a comparative way.2 What this article will propose is that comparative law be envisaged as a subject basically operating at two levels (or consisting of two parts). At one level it consists of the now considerable literature on the subject, including of course the work which envisages the subject in terms of legal families. At another level, however, comparative law should be envisaged as being concerned with the theoretical underpinning of the terms "comparative" and "law". This part, in other words, would deal with these terms as instruments of knowledge. What is it to have knowledge of "law"? And what contribution does "comparison" make to this epistemo-logical question?

"None of these studies have previously appeared in print except two, viz, those relating to the United States [in Johns Hopkins university studies in historical and political science, 5th series, no. 9] and the two Dutch republics [in the Forum, April, 1896] and both of these have been enlarged and revised . Some studies were (in substance) delivered as public lectures at Oxford during the years 1870-1893."--Pref. ; The Roman empire and the British empire in India.--The extension of Roman and English law throughout the world.--Flexible and rigid constitutions.--The action of centripetal and centrifugal forces on political constitutions.--Primitive Iceland.--The Constitution of the United States as seen in the past.--The South African constitutions.--The constitution of the commonwealth of Australia.--Obedience.--The nature of sovereignty.--The law of nature.--The methods of legal science.--The relations of law and religion.--Methods of law-making in Rome and in England.--The history of legal development at Rome and in England.--Marriage and divorce in Roman and in English law.--Inaugural lecture.--Valedictory lecture. ; Mode of access: Internet.

"None of these studies have previously appeared in print except two, viz. those relating to the United States (in Johns Hopkins university studies in historical and political science, 5th series, no. 9) and to the two Dutch republics (in the Forum, April, 1896) and both of these have been enlarged and revised. Some studies were (in substance) delivered as public lectures at Oxford during the years 1870-1893."--Pref. ; v. 1. The Roman empire and the British empire in India. The extension of Roman and English law throughout the world. Flexible and rigid constitutions. The action of centripetal and centrifugal forces on political constitutions. Primitive Iceland. The Constitution of the United States as seen in the past. Two South African constitutions. The constitution of the commonwealth of Australia.--v. 2. Obedience. The nature of sovereignty. The law of nature. The methods of legal science. The relations of law and religion. Methods of law-making in Rome andin England. The history of legal development at Rome and in England. Marriage and divorce in Roman and in English law. Inaugural lecture. Valedictory lecture. Index. ; Mode of access: Internet.

Introduction. Methodology: History and nostalgia: reflections on John Wansbrough's The Sectarian Milieu; The limits of Islamic orthodoxy; Law; Tafsir from Tabari to Ibn Kathir: problems in the description of a genre, illustrated with reference to the story of Abraham. Early Islam: The sa'y and the jabin: some notes on Qur'an 37:102-3; Hinth, birr, tabarrur, tahannuth: an inquiry into the Arabic vocabulary of vows; From midrash to scripture: the sacrifice of Abraham in early Islamic tradition; The ummi in early Islamic juristic literature; The qurra' and the Arabic lexicographical tradition; The Barahima: literary construct and historical reality. Jurisprudence: a) Sunnism: Ikhtilaf and ijma' in Shafi'i's Risala; The significance of the term imam in early Islamic jurisprudence; Friday Prayer and the juristic theory of government: Sarakhsi, Shirazi, Mawardi; Exploring God's Law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat; al-Nawawi's typology of muftis and its significance for a general theory of Islamic Law; The 'Uqud rasm al-mufti of Ibn al-'Abidin. b) Imami Shi'ism: Zakat in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Khums in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Accommodation and revolution in Imami Shi'i jurisprudence: Khumayni and the classical tradition; Legitimacy and accommodation in Safavid Iran: the juristic theory of Muhammad Baqir al-Sabzavari (d. 1090/1679); Doubt and prerogative: the emergence of an Imami Shi'i theory of ijtihad. Indexes.

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

Explores the position of Islamic theology and jurisprudence towards people with disabilities. This book seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.

This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity