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Collective Liability in Islam
Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.
Commanding Right and Forbidding Wrong in Islamic Thought
What kind of duty do we have to try to stop other people doing wrong? The question is intelligible in just about any culture, but few of them seek to answer it in a rigourous fashion. The most striking exception is found in the Islamic tradition, where 'commanding right' and 'forbidding wrong' is a central moral tenet already mentioned in the Koran. As an historian of Islam whose research has ranged widely over space and time, Michael Cook is well placed to interpret this complex subject. His book represents the first sustained attempt to map the history of Islamic reflection on this obligation. It covers the origins of Muslim thinking about 'forbidding wrong', the relevant doctrinal developments over the centuries, and its significance in Sunni and Shi'ite thought today. In this way the book contributes to the understanding of Islamic thought, its relevance to contemporary Islamic politics and ideology, and raises fundamental questions for the comparative study of ethics.
The New Muslims of Post-Conquest Iran
This book focuses on the role of memory and its revision and erasure in the ninth to eleventh centuries.
The Birth of a Legal Institution
This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.
Collective Liability in Islam
Offering the first close study of the ʿAqila, a group collectively liable for blood money payments on behalf of a member who committed an accidental homicide, Nurit Tsafrir analyses the group's transformation from a pre-Islamic custom to an institution of the Shari'a, and its further evolution through medieval and post medieval Islamic law and society. Having been an essential factor in the maintenance of social order within Muslim societies, the ʿAqila is the intersection between legal theory and practice, between Islamic law and religion, and between Islamic law and the state. Tracing the history of the ʿAqila, this study reveals how religious values, state considerations and social organization have participated in shaping and reshaping this central institution, which still concerns contemporary Muslim scholars.
Warehouse of Bamiyan
Bamiyan, in present-day Afghanistan, is famous for its giant Buddhas, but what was life like for its rural inhabitants 500 years after the Muslim conquest? The Warehouse of Bamiyan uncovers the untold history of the region’s warehouse, revealing the lives of farmers, landholders, the taxes they paid, and their role in the economy. Based on newly discovered documents studied since the late 2010s, Arezou Azad details the reconstruction of the archive and the scholarly methods used behind the scenes to read medieval documents ‘against the grain.’ The book offers a fresh perspective on the medieval eastern Islamicate lands through the lens of medieval Bamiyan, highlighting the significance of agricultural societies and shedding light on the diverse roles of rural communities often overlooked in royal narratives.
The History of an Islamic School of Law
So closely is the early development of the Hanafi school interwoven with non-legal spheres--the political, social, and theological--that its study is essential to a proper understanding of medieval Islamic history. Tsafrir offers a thorough examination of the first century and a half of the school's existence, the period during which it took shape.
Contingency in a Sacred Law
This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.
Hadith, Piety, and Law
The publication of The Formation of the Sunni Schools of Law, Ninth-Tenth Centuries C.E., first as a University of Pennsylvania doctoral dissertation in 1992, and subsequently as a monograph in 1997 (Studies in Islamic Law and Society, Brill), established Christoph Melchert as a preeminent scholar of the history of Islamic law and institutions. Through close readings of works on fiqh, meticulous unpacking of data in biographical dictionaries, and careful attention to curricular, pious, pedagogical, and scholarly practices, Melchert has subsequently illuminated the processes and procedures that undergirded the development of Islamic movements and institutions in the formative period of Islam....
