This book approaches the Qur’an as a primary source for delineating the definition of ugliness, and by extension beauty, and in turn establishing meaningful tools and terms for literary criticism within the discipline of classical Arabic literature (adab). Focusing on the aesthetic dimension of the Qur’an, this methodology opens up new horizons for reading adab by reading the tradition from within the tradition and thereby examining issues of “decontextualisation” and the “untranslatable.” This approach, in turn, invites Comparatists, as well as Arabists, to consider other means and perspectives for approaching adab besides the Bakhtinian carnival. Applying this critical strategy to literary works as diverse as One Thousand and One Nights and The Epistle of Forgiveness, Sarah R. bin Tyeer aims to prove two major points: how Bakhtin’s aesthetics is anachronistic and therefore theoretically inappropriate when applied to certain literary works and how ultimately this literary methodology is sometimes used as a proxy for ungrounded and, sometimes, unfair arguments by other scholars. Foreword by Angelika Neuwirth, Professor of Quranic studies, Freie University, Berlin, Germany.

This book is written with the objective of reasonably addressing the need of Muslim gays and lesbians for a life which involves intimacy, affection and companionship within the confines of a legal contract. Contemporary conservative Muslim leaders unreasonably promote false marriages with straight spouses, failing which they prescribe the “solution” of permanent celibacy as a “test.” This book delves into an extensive scholarship on the same sources that conservative Muslim leaders draw on—the Qur’an, Hadith and jurisprudence. It is argued that the primary sources of Muslim knowledge addressed sexual acts between the same gender in the context of inhospitality, exploitation, coercion and disease, but not true same-sex unions; past Muslim scholarship is silent on the issue of sexual orientation and Muslim same-sex unions. The arguments of contemporary conservative Muslim leaders are deconstructed and the case for Muslim same-sex unions is made based on jurisprudential principles and thorough arguments from within the Muslim tradition.

A systematic analysis of legal practice in a sharia court in the Ottoman Empire during the seventeenth and eighteenth centuries.

How do converts to a religion come to feel an attachment to it? The New Muslims of Post-Conquest Iran answers this important question for Iran by focusing on the role of memory and its revision and erasure in the ninth to eleventh centuries. During this period, the descendants of the Persian imperial, religious and historiographical traditions not only wrote themselves into starkly different early Arabic and Islamic accounts of the past but also systematically suppressed much knowledge about pre-Islamic history. The result was both a new 'Persian' ethnic identity and the pairing of Islam with other loyalties and affiliations, including family, locale and sect. This pioneering study examines revisions to memory in a wide range of cases, from Iran's imperial and administrative heritage to the Prophet Muhammad's stalwart Persian companion, Salman al-Farisi, and to memory of Iranian scholars, soldiers and rulers in the mid-seventh century.

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Recent events in the Islamic world have brought to our attention the formidable potency of the classical Islamic tradition. Debates over reform, revival, and change in the Islamic world, whether of a political, religious, or economic nature, revolve around an engagement with Islamic history, thought, and tradition. This book examines such debates by exploring modern texts, groups, and figures that stake out some sort of claim to pre-modern traditions in disciplines as diverse as Islamic law, Qur'anic exegesis, politics, literature, and jihad. It challenges the tendency to locate modern scholars and groups in the Islamic world on an ideal spectrum running in a linear way from 'modernism' to 'Islamism.' It provides new insights into the complex religious landscape of the Islamic world, drawing attention to important scholars and intellectuals, some of whom have received little or no attention in western scholarship. It provides an examination of how the classical Islamic heritage functions in today's Islamic world in regions as diverse as the Middle East, Iran, and the Indian subcontinent. In its scope and coverage, this book transcends an increasing tendency towards bifurcation between classical and contemporary Islamic and Middle Eastern Studies.

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.

This volume brings together some of the leading researchers on early Islamic history and thought to study the legitimacy of violence.