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For too long the study of law and society in the modern Middle East has been left to specialists in narrow subcategories of law or the social sciences. Property, Social Structure, and Law in the Modern Middle East lays the groundwork for a new field of scholarship in which analysis of the social dimensions of law and the legal dimensions of social structure are integrated. It offers the stimulus of a variety of new models of scholarship by a distinguished international group of contributors whose work shares a common focus on regimes of property in the societies of the modern Middle East. The case studies examine the regulations of many kinds of property in relation to the social structures of selected Middle Eastern communities form the eighteenth century to the present. Most of the societies studied are subjected to pressures for rapid modernization and adjustment to major economic transformations. The book features comparisons of property rights and relations under regimes of Islamic and customary law as well as modern statutory law. Highlighted are new patterns of intervention by modern Middle Eastern states to alter traditional regimes of property and to transform the accompanying social structures. Their implications for development are also considered. The book's notes and bibliographies constitute a valuable resource for anyone interested in further research.
For too long the study of law and society in the modern Middle East has been left to specialists in narrow subcategories of law or the social sciences. Property, Social Structure, and Law in the Modern Middle East lays the groundwork for a new field of scholarship in which analysis of the social dimensions of law and the legal dimensions of social structure are integrated. It offers the stimulus of a variety of new models of scholarship by a distinguished international group of contributors whose work shares a common focus on regimes of property in the societies of the modern Middle East. The case studies examine the regulations of many kinds of property in relation to the social structures of selected Middle Eastern communities form the eighteenth century to the present. Most of the societies studied are subjected to pressures for rapid modernization and adjustment to major economic transformations. The book features comparisons of property rights and relations under regimes of Islamic and customary law as well as modern statutory law. Highlighted are new patterns of intervention by modern Middle Eastern states to alter traditional regimes of property and to transform the accompanying social structures. Their implications for development are also considered. The book's notes and bibliographies constitute a valuable resource for anyone interested in further research.
Combining international and domestic perspectives, this book analyzes the transformation of the Ottoman Empire over the nineteenth and twentieth centuries. It views privatization of state lands and the increase of domestic and foreign trade as key factors in the rise of a Muslim middle class, which, increasingly aware of its economic interests and communal roots, then attempted to reshape the government to reflect its ideals.
This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.
This Handbook simultaneously provides a single text that narrates the Cairo of yesterday and of today, and gives the reader a major reference to the best of Cairo scholarship. Divided into three parts covering Histories, Representations and Discourses of Cairo, the chapters provide comprehensive coverage of Cairo from both a disciplinary and an interdisciplinary point of view, with scholars from a great range of disciplines. Part One contains chapters on the history of specific parts of the city to provide both a concise picture of Cairo and an appreciation for the diversity of its constituent parts and periods. Part Two of the book deals with the various forms of representations of the city, from high-end literature to popular songs, and from photographs to films. Finally, Part Three covers current discourses about the city, comprising historical reflections on the city from the present, surveys of its current condition, analysis of it serious urban problems and visions for its future. The Routledge Handbook on Cairo provides a unique and innovative look at the ever-evolving state of Cairo. It will be a vital reference source for scholars and students of Middle Eastern Studies, Middle East History, Cultural Studies, Urban Studies, Architecture and Politics.
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today. The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
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The history of the Middle Eastern family presents as many questions as there are currently answers. Who lived together in the household? Who married whom and for how long? Who got a piece of the patrimonial pie? These are the questions that Margaret Meriwether investigates in this groundbreaking study of family life among the upper classes of the Ottoman Empire in the pre-modern and early modern period. Meriwether recreates Aleppo family life over time from records kept by the Islamic religious courts that held jurisdiction over all matters of family law and property transactions. From this research, she asserts that the stereotype of the large, patriarchal patrilineal family rarely existed in reality. Instead, Aleppo's notables organized their families in a great diversity of ways, despite the fact that they were all members of the same social class with widely shared cultural values, acting under the same system of family law. She concludes that this had important implications for gender relations and demonstrates that it gave women more authority and greater autonomy than is usually acknowledged.