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• The Sources
• The Non-Shīʻī Communities during the Last Years of Fāṭimid Rule in Egypt, 495-567/1101-71
• The Earliest Madrasas in Egypt
• Saladin's Madrasas
• 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.
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• Frontmatter
• Contents
• Acknowledgments
• Note on Translation and Transliteration
• Introduction
• 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
• Conclusion
• Notes
• Bibliography
• Index

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.
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• Acknowledgements
• Introduction: Issues and Methodology
• PART ONE: The Cadi: Judge and Administrator
• 1. The Cadi's Jurisdiction: Evolution and Consolidation
• 2. Sunni Rulers and their Cadis
• 3. Isma'lll 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^im 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
• Bibliography
• Index

In sum, the book shows that the administrative and political history of the judiciary in medieval Egypt implicitly and explicitly illuminates broader questions about religious and social forces that shaped the lives of medieval people in the Middle East, Muslims and non-Muslims alike

• Intro
• The Administration of Justice in Medieval Egypt
• Copyright
• Contents
• Acknowledgements
• Introduction: Issues and Methodology
• Part One The Cadi: Judge and Administrator
• 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
• Bibliography
• Index

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.

• Intro
• The Administration of Justice in Medieval Egypt
• Copyright
• Contents
• Acknowledgements
• Introduction: Issues and Methodology
• Part One The Cadi: Judge and Administrator
• 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
• Bibliography
• Index

• Murder on the Nile : homicide trials in 19th century Egyptian shari'a law law courts
• Muhammad al-'Abbasi al-Mahdi (d. 1897), grand mufti of Egypt, and his al-fatawa al-mahdiyya
• Islamic and secular criminal law in nineteenth century Egypt : the role and function of the qadi
• "For his correction and as a deterrent example for others" : Meḥmed 'Ali's first criminal legislation (1829-1830)
• Administrators and magistrates : the development of a secular judiciary in Egypt, 1842-1872
• Between Paris, Istanbul, and Cairo : the origins of criminal legislation in late Ottoman Egypt (1829-58)
• The significance of nineteenth-century pre-colonial legal reform in Egypt : the codification of criminal and land law
• The lions of Qasr al-Nil Bridge : the Islamic prohibition of images as an issue in the 'Urabi Revolt
• An administrator's nightmare : feuding families in nineteenth century Bahariyya Oasis
• Petitions and marginal voices in nineteenth century Egypt : the case of the fisherman's daughter the infatuated Greek : social and legal boundaries in nineteenth-century Egypt
• The violent schoolmaster : the "normalisation" of the dossier of a nineteenth century Egyptian legal case
• Prisons and marginalisation in nineteenth century Egypt
• Egypt and the age of the triumphant prison : legal punishment in nineteenth century Egypt
• Controlled suffering : mortality and living conditions in 19th-century Egyptian prisons
• New sources for the history of the Dakhla Oasis in the Ottoman period
• Sharecropping in the Dakhla Oasis : shari'a and customary law in Ottoman Egypt
• Body and spirit of Islamic law : Madhhab diversity in Ottoman documents from the Dakhla Oasis, Egypt
• The battered dervishes of Bab Zuwayla : a religious riot in eighteenth-century Cairo
• Divine law or man-made law? : Egypt and the application of the shari'a
• Apostasy in Islam : with G.J.J. De vries
• Dar al-Harb, dar al-Islam und der Kolonialismus
• Idjtihad and taqlid in 18th and 19th century Islam
• Islam and the legitimation of power : the Mahdi-Revolt in the Sudan
• Religious attitudes towards modernization in the Ottoman Empire : a nineteenth century pious text on steamships, factories and the telegraph
• Islamic law and human rights : a contribution to an ongoing debate
• Murder in Khaybar : some thoughts on the origins of the qasāma procedure in Islamic law
• From jurists' law to statute law or what happens when the shari'a is codified
• The reintroduction of shari'a criminal law in Nigeria : new challenges for the Muslims of the North
• The enforcement of god's law : the shari'ah in the present world of Islam
• What does it mean to be an official madhhab? : hanafism and the Ottoman Empire
• The re-Islamization of criminal law in Northern Nigeria and the judiciary : the Safiyyatu Hussaini case
• Shari'a and 'natural justice' : the implementation of Islamic criminal law in British India and colonial Nigeria
• Dutch extremist Islamism : Van Gogh's murderer and his ideas
• (In)compatibility of religion and human rights : the case of Islam

In Shari'a, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shari'a and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book's historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
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• Introduction
• The historical legacies and the institutional culture of the Egyptian judiciary
• Nasser's Egypt : charisma, populism, and the attacks on judicial independence
• The years of Sadat : crisis, regime survival, and the awakening of judicial activism (1970-1981)
• Judicial politics under Mubarak : judges and the fall of the pharaoh (1981-2011)
• The SCAF, the courts, and Islamists : judges and the political transition (2011-2012)
• Mursi and the judiciary : the self-fulfilling prophecy (2012-2013)
• Patricians and plebeians : the chief justice paves the road to the general (2013-2014)
• Old wine in a new bottle : Sisi, judges, and the restoration of the Ancien Régime (2014-2018).

Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same source: the interaction between institutions and preferences. Using Egypt as a case study, Professor Mahmoud Hamad describes how the synergy between judges and generals created the environment for the present government and a delicate balance for its survival. The history of modern Egypt is one of the struggle between authoritarian governments, and forces that advocate for more democratic rights. While the military has provided dictatorial leaders, the judiciary provides judges who have the power to either support or stymie authoritarian power. Judges and Generals in the Making of Modern Egypt provides a historically grounded explanation for the rise and demise of authoritarianism, and is one of the first studies of Egypt's judicial institutions within a single analytical framework.
(source: Nielsen Book Data)