Islamic law, tribal customary law, and Waqf : : studies in the legal history of the modern Middle East and North Africa / / Aharon Layish.

• VerfasserIn: Layish, Aharon,
• Place / Publishing House: Leiden : : BRILL,, 2023.
• Year of Publication: 2023
• Edition: 1st ed.
• Language: English
• Series: Studies in Islamic Law and Society Series
• Physical Description: 1 online resource (xiv, 630 pages).

"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 S?u¯fi¯ and Salafi¯ traditions or Western law, and the emergence of an Israeli version of Islamic law"-- Provided by publisher.

Table of Contents

Customary khul' as reflected in the sijill of the Libyan Shari¯'a Courts -- Interplay between tribal and Shar'i¯ law : a case of Tibba¯wi¯ blood money in the Shari¯'a Court of Kufra -- Shaha¯dat naql in the judicial practice in modern Libya -- Islamization of custom as reflected in awards of tribal arbitrators in the Judaean desert -- The Qa¯d?i¯'s role in the Islamization of sedentary tribal society -- Da¯r 'adl-symbiosis of custom and Shari¯'a in a tribal society in process of sedentarization -- The fatwa¯ as an instrument of the Islamization of a tribal society in process of sedentarization -- The Sudanese Mahdi¯'s legal methodology and its S?u¯fi¯ inspiration -- The legal methodology of the Mahdi in the Sudan, 1881-1885 : issues in marriage and divorce -- H?asan al-Tura¯bi¯ (1932-) -- The transformation of the Shari¯'a from jurists' law to statutory law in the contemporary Muslim world -- Islamic law in the modern world : nationalization, lslamization, reinstatement -- Waqf, testamentary Waqf, and bequests -- Waqfs of Awla¯d al-Na¯s in Aleppo in the late Mamlu¯k period as reflected in a family archive -- Waqfs and S?u¯fi¯ monasteries in the Ottoman policy of colonization : Sult?a¯n Seli¯m I's Waqf of 1516 in favour of Dayr al-Asad -- The Ma¯liki¯ family Waqf according to wills and Waqfiyya¯t -- The Family Waqf and the Shar'i¯ law of succession in modern times -- Bequests as an instrument for accommodating inheritance rules : Israel as a case study -- The Muslim Waqf in Israel -- The heritage of Ottoman rule in the Israeli legal system : the concept of Umma and Millet -- Adaptation of a jurists' law to modern times in an alien environment : the case of the Shari¯'a in Israel.