Book — xvi, 328 pages : illustrations, maps ; 26 cm
The Non-Shīʻī Communities during the Last Years of Fāṭimid Rule in Egypt, 495-567/1101-71
The Earliest Madrasas in Egypt
Other Madrasas of the Aiyūbid Period
The Madrasa in Egyptian Society
The Restoration of Sunnism is a study of the early history of Islamic law schools (s. madrasa, pl. madaris) and their professors in late Fatimid and Aiyubid Egypt (495-647/1101-1249). It describes the origin and spread of these institutions, their teachers, and their role in the religious life of Egypt. This work is a revised version of the author's 1976 University of Pennsylvania doctoral dissertation, which remains one of the most important works on the history of the premodern institution of the madrasa to date. Unlike many publications on the madaris in recent decades, which argue that medieval Islamic legal education was informal and lacked structure, the present work endeavours to detect the elements of structure and order in the institution of the madrasa and in its educational curricula and the practices associated with it. Leiser's ground-breaking work stands out for its attention to detail and to the political, economic, and religious background of twelfth- and thirteenth-century Egypt. (source: Nielsen Book Data)
Part I Constitutions and the Making and Unmaking of Egyptian Nationalism
Chapter 1 Constitutions, National Culture, and Rethinking Islamism
Chapter 2 The Sharia as State Law
Chapter 3 Constitution Making in Egypt
Part II Recasting Islamic Law: Case Studies
Chapter 4 The Ulama, Religious Authority, and the State
Chapter 5 The "Divinely Revealed Religions"
Chapter 6 The Family Is the Basis of Society
Chapter 7 Judicial Autonomy and Inheritance
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories. (source: Nielsen Book Data)
[US & CA version]. - Cairo ; New York : American University in Cairo Press, 2014.
Book — 1 online resource (xi, 290 pages .)
The Empire in Theory
Custom in Shari'a and in the Siyasati Ilahi (Celestial Siyasa)
The Construction of Orthodoxy : Renewal (Tajdid) & Renunciation (Takfir)
"This Sijill is a Hujja!" Mass Producing Documents in Ottoman-Cairo
The Documented Life
The Rights of God (Huquq Allah) : "A Moral Transgression, not a Crime"
The Rights of Man (Huquq al-Adamiyyin).
In this study, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society, and the early-modern economy of 16th and 17th century Ottoman Cairo related to the practice of custom in determining rulings. In the 16th century, a new legal and culutral orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise of a new concept of the citizen and his role. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority.
1 The Cadi's Jurisdiction: Evolution and Consolidation
2 Sunnıˉ Rulers and Their Cadis
3 Ismaˉʻıˉlıˉ Rulers and the Judicial System
Part Two Judicial Institutions outside the Pale of Islamic Law
4 Criminal Justice and the Police
5 The Law of the Market
6 The Ruler's Justice: The Maz˙al̄im Institution
Part Three The Administration of Justice in non-Muslim Communities
7 Judicial Autonomy: Medieval Realities and Modern Discourse
8 The Administration of Justice in a Broader Perspective
This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved 4 judicial institutions: the cadi, the court of complaint, the police/shurta and the Islamized market law.