Download Islamic Family Law (Arab and Islamic Laws Series) by Chibli Mallet, Jane Connors (eds.) PDF

By Chibli Mallet, Jane Connors (eds.)

There were major devlopments within the evolution of Islamic legislations with recognize to the family members in particular in these international locations the place the Shari'a culture is influential. the purpose of this ebook is to hide the present study into the main hard parts of Islamic relations legislations. The articles that are integrated are imperative to the pursuits of influential teams in lots of Islamic nations and to the perceived rights of important minorities through the non-Islamic international. The ebook addresses concerns akin to the advance of the legislation of succession, the colonial come upon and its effect on Islamic family members legislations, in addition to severe parts within the modern relations legislations of the center East, South Asia, South East Asia, China and Europe. exact cognizance is given to the legislations of minorities of their relation to the nation.

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Additional info for Islamic Family Law (Arab and Islamic Laws Series)

Sample text

60Estimates of the percentage of land that had been designated as public and private endowments in the various regions of the Ottoman Empire in the nineteenth century range from one-fifth to two-thirds of alt landed property. See Fuad KoprulU, 'L'Institution du Vakouf Sa Nature Juridique et son Evolution Historique'. Vakijlar Dergisi. 2, 1942, p. 3 (partie fran(;aise); Gabriel Baer, Studies on the Social History of Modern Egypt, Chicago, 1969, p. 79. 61Wansharisi, Mi'yar, 7:486-514. For an analysis of this case, see my 'A Court Case from Fourteenth-Century North Africa', forthcoming in the Journal of the American Oriental Society, 110, 1990.

61Wansharisi, Mi'yar, 7:486-514. For an analysis of this case, see my 'A Court Case from Fourteenth-Century North Africa', forthcoming in the Journal of the American Oriental Society, 110, 1990. 62Wansharisi, Mi'yar, 9:362 (fatwa of Ibn Abi Dunya); Sautayra and Cherbonneau, Droit Musulman,2:326-27. 63Wansharisi, Mi'yar, 9:360 (fatwa of Abu 'Abdallah b. Ziyadatallah). 2. The Islamic Inheritance System 27 contested by the testator's other heirs. The notaries who drafted and served as witnesses to a last will and testament might play a crucial role in mediating between legal theory and practice.

H. 7o Beginning in approximately 1930, knowledge of the Islamic inheritance system seems to have dissipated. Although the reasons for this epistemological shift lie outside the scope of the present essay, two contributing factors may be mentioned. First, during the period of European colonial expansion, the scope of Islamic law was progressively reduced to the domain of family law (marriage, divorce, and inheritance), and colonial jurists and administrators considered themselves bound to faithfully apply the Islamic inheritance rules; they did not, however, view it as their obligation to apply other aspects of the Islamic inheritance system.

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