Sovereignty is a contested issue in Islamist political thought. Although Islamists practically accepted liberal democracy in various forms across the world, they are yet to solve the normative paradox: how to reconcile Islam’s divine sovereignty to nation-state’s popular soverei…
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İslâm ceza hukukunda ihtiyat ilkesi şüpheye düşüren şeyi terk edip şüpheye düşürmeyen şeye yönelterek hem suçun sabit olması hem de suçluya haksızlık yapılmaması açısından önemli bir fıkıh kaidesidir. Suçların Allah hakkı ve kul hakkı olarak ayrılması sonucunda bu kaide özellikl…
In 218/833, the theological controversy between traditional Hadith-oriented 'Ulama (usually referred to as Sunni Hanbalis) and rationalist theologians (usually referred to as Mu'tazilis) over the createdness of the Qur'an was institutionalized by the 'Abbasid state into an organ…
The role of madrasahs in Mamluk Egypt (1250-1517) has been the subject of debate among scholars of the period. Recent studies have deemphasized the importance of these institutions as centers of Islamic legal education. This dissertation responds to these assertions by looking a…
This dissertation examines the role of religious authority in the debate over the codification of family law in Bahrain. It analyzes the grounds upon which three sets of actors claim authority over family law: religious scholars, women activists, and the state. While the state a…
This dissertation seeks to rekindle a discussion of late Sunni creativity and innovation through a study into the life and thought of Zakariyya al-Ans[dotbelow]ari (d. 926/1520), an influential Shafi'i legist and Sufi from Egypt's late-Mamluk period. It is driven by two fundamen…
In this study, I focus on how the Ottoman legal establishment used the pluralistic Sunni legal system to serve the needs of Egyptian society. I examine a thousand and one cases from three Egyptian courts from the seventeenth and eighteenth centuries, namely the Courts of Mis[dot…
This research looks at attempts by the Egyptian polymath Jalal al-Din al-Suyut [dotbelow]i (d. 1505) to frame his authority as a jurist in his legal writings. The research aims to access the multi-faceted legal persona that the author constructs through his use of the written wo…
This dissertation examines the development of an internal debate among Muslim minorities living in Western Europe and North America in contemporary time to establish a specific form of Islamic jurisprudence, fiqh al-aqalliyy at , that strikes a balance between Muslim's religious…
The presence and participation of women as lawmakers, policymakers and narrators has often been limited by authoritarian institutions and frameworks who have not welcomed women into their realms. Islamic jurisprudence is no exception. As subjects of the law Muslim women have sel…
This dissertation examines the religious transformation of the Volga-Ural Muslim community during the long nineteenth century with a special focus on the ulama and shari'a . It argues that these Islamic institutions as well as the Muslim population have experienced important cha…
This study introduces and analyzes six works of Muslim jurisprudence (works of takhrij al-furu` `ala al-us[dotbelow]ul ), which address the interrelation of theoretical and practical legal reasoning in Islam. The practical aspect of Islamic law provides evaluations of human acti…
This dissertation examines the reception of European law in Egypt, the origins of Egyptian movements to revive Islamic law, and foundations of transformations in Egyptian-Islamic legal thought between 1875 and 1960. The dissertation has two principal arguments. First, it maintai…
In this Master's thesis, I plan to compare the following aspects of religious life in Morocco and Turkey: the way religion (Islam) is regulated on the official level, the way religious secondary education functions (imam-hatip schools in Turkey and madrasahs in Morocco), the way…
The 3rd /9th and 4th /10 th centuries witnessed significant developments in Islamic intellectual history. Most of the hadith collections that later came to be recognized as canonical were compiled in this period and the major schools of law and certain theological schools also c…
Contemporary legal theorists and philosophers struggle to formulate standards for the identification of legitimate claims of coercion and specify its effect on moral and legal responsibility. This dissertation is a historical and analytical examination of the juristic and theolo…
This dissertation is a historical research in the formation of the first Islamic State during the era of the Prophet Muh[dotbelow]ammad (ca. 622-32 CE). While many academic works have referred to it largely within either biographical (e.g. 'the life of Muh[dotbelow]ammad' and th…
In the figure of 'Abd Allah b. al-Mubarak (118/736-181/797), we find a paragon of the fields of h[dotbelow]adith, zuhd, and jihad, as attested to by the contents of the large number of references to him in the classical Islamic texts. His superior rank as a h[dotbelow]adith tran…
This dissertation studies the use of legal institutions provided by the Islamic state in the resolution of intracommunal disputes and in the registration of legal transactions among Christians and Jews in late seventeenth century Istanbul. While being the capital city of an Isla…