Afghanistan’s plural legal system is governed by a diverse set of laws and institutions that includes Islamic law, customary law, state positive law, and international human rights law. The research examines the complex interplay and interaction of these different bodies of law …
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Dosadašnja proučavanja istorije Hilandara u XVIII veku nisu dovoljno pažnje posvećivala državnim i društvenim okvirima u kojima su monasi živeli. Osamnaesti vek je bio vreme velikih vojnih i ekonomskih izazova, koji su počeli da pokazuju zaostajanje osmanske države u odnosu na n…
Based on observational fieldwork and interviews carried out in Boston in ten Islamic community centers and mosques, supplemented by archival research in Suffolk County court records and surveys of relevant literature, this ethnography investigates how various communities and sec…
The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide exa…
This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly …
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 dissertation is an attempt to explain how different jurisconsults (muftis ) throughout the Ottoman domains perceived, constituted, and negotiated their jurisprudential authority over the course of the sixteenth and the seventeenth centuries. The debates and exchanges betwee…
Family is the foundation society. Women are the backbone of families even in fundamental patriarchal society like Malaysia. However, Malaysia's system of religious accommodation results in different rights available to individuals based on the states diverse religious affiliatio…
In the Hanbali legal manual the Mughni, Ibn Qudamah (d. 620/1223) claims consensus (ljma ) of the scholars of Islamic Law regarding a father's ability to compel his prepubescent daughter to marry someone "suitable" even against her will. This project explores Ibn Qudamah's claim…
This dissertation is a study of dispute resolution in Ottoman Cairo during the late 17th and early 18th centuries. When engaged in disputes over property, domestic obligations, anti-social behaviour, insults, thefts and assaults, Cairenes had at their disposal a range of formal …
This dissertation explores the conceptualization of sexual violation in early Islamic and classical Maliki legal discourse, as well as the ways in which Islamic legal doctrines reflect cultural ideologies of sexuality, gender and subjectivity. The author conducts her exploration…