Tag Archives: Religious Law

Gómez-Rivas, “Law and the Islamization of Morocco under the Almoravids”

This month, Brill Publishing releases “Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib” by Camilo Gómez-Rivas (University of California, Santa Cruz). The publisher’s description follows:

Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.

Burak, “The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire”

In December, Cambridge University Press will release “The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire” by Guy Burak (New York University). The publisher’s description follows:

The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire’s Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.

Humphreys, “Law, Power, and Imperial Ideology in the Iconoclast Era”

This December, Oxford University Press will release “Law, Power and Imperial Ideology in the Iconoclast Era: c. 680-850” by M.T.G. Humphreys (St. John’s College, Cambridge).  The publisher’s description follows:

Law was central to the ancient Roman’s conception of themselves and their empire. Yet what happened to Roman law and the position it occupied ideologically during the turbulent years of the Iconoclast era, c.680-850, is seldom explored and little understood. The numerous legal texts of this period, long ignored or misused by scholars, shed new light on this murky but crucial era, when the Byzantine world emerged from the Roman Empire.

Law, Power, and Imperial Ideology in the Iconoclast Era uses Roman law and canon law to chart the various responses to these changing times, especially the rise of Islam, from Justinian II’s Christocentric monarchy to the Old Testament-inspired Isaurian dynasty. The Isaurian emperors sought to impose their control and morally purge the empire through the just application of law, sponsoring the creation of a series of concise, utilitarian texts that punished crime, upheld marriage, and protected property. This volume explores how such legal reforms were part of a reformulation of ideology and state structures that underpinned the transformation from the late antique Roman Empire to medieval Byzantium.

“The Sociology of Shari’a: Case Studies from around the World” (Possamai & Richardson et al., eds.)

In December, Springer Publishing will release “The Sociology of Shari’a: Case Studies from around the World” edited by Adam Possamai (University of Western Sydney), James T. Richardson (University of Nevada), and Bryan S. Turner (City University of New York). The publisher’s description follows:

This edited volume offers a collection of papers that presents a comparative analysis of the development of Shari’a in countries with Muslim minorities, such as America, Australia, China, Germany,  Italy, Singapore, South Africa and the Philippines, as well as countries with Muslim majorities, such as Malaysia, Bangladesh, Turkey, and Tunisia.

The Sociology of Shari’a provides a global analysis of these important legal transformations and  examines the topic from a sociological perspective.

In addition, the third part of the book includes case studies that explore some ground-breaking applications of theoretical perspectives such as those from Chambliss and Eisenstein.

“Windows onto Jewish Legal Culture” (Ben-Menahem et al., eds.)

Next month, Routledge Press will release “Windows onto Jewish Legal Culture: Fourteen Exploratory Essays” edited by Hanina Ben-Menahem (Hebrew University of Jerusalem), Arye Edrei (Tel Aviv University), and Neil S. Hecht (Boston University School of Law).  The publisher’s description follows:

Windows onto Jewish Legal CultureThis book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure.

Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life.

Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.

Gubo, “Blasphemy and Defamation of Religions in a Polarized World”

This December, Lexington Books will release “Blasphemy and Defamation of Religions in a Polarized World: How Religious Fundamentalism is Challenging Fundamental Human Rights” by Darara Gubo.  The publisher’s description follows:

The 21st century has been significantly shaped by the growing importance of religion in international politics resulting in rising polarization among nation states. This new dynamic has presented new challenges to international human rights principles. This book deals with some of these new challenges, particularly the growing demand by Muslim states for protection of Islamic religion from blasphemy and defamation. Member states of the Organization of Islamic Cooperation (OIC), through resolutions at the United Nations, made efforts to introduce laws that globally protect Islamic religion from blasphemy and defamation. The bid by OIC member states faced opposition from Western countries. The conflicting claims of the two sides are discussed in this book. The book clearly shows the impact of blasphemy and defamation of religion laws on certain aspects of fundamental human rights principles.

Berkovitz, “Protocols of Justice”

This month, Brill Publishers releases “Protocols of Justice: The Pinkas of the Metz Rabbinic Court 1771-1789” by Jay R. Berkovitz (University of Massachusetts, Amherst). The publisher’s description follows:

Presented here to the public for the first time, the Pinkas of the Metz Beit Din is the official register of civil cases that came before the Metz rabbinic court in the two decades prior to the French Revolution. Brimming with details of commercial transactions, inheritance disputes, women’s roles in economic life, and the interplay between French law and Jewish law, the Metz Pinkas offers remarkable evidence of the engagement of Jews with the surrounding society and culture. The two volumes of Protocols of Justice comprise the complete text of the Metz Pinkas Beit Din, which is fully annotated by the author, and a thorough analysis of its significance for history and law at the threshold of modernity.

Through his painstaking and path-breaking treatment of this incredibly nuanced and rich text, Jay Berkovitz has placed before academics and all other interested readers a heretofore untapped resource of vast importance. His insightful and extensive introductory monograph beautifully sets the stage for scholars in a wide array of fields to mine this material, which will undoubtedly yield significant new results in the history of Jewish and non-Jewish society in eighteenth-century Europe and beyond. Ephraim Kanarfogel, E. Billi Ivry University Professor of Jewish History, Literature and Law, Yeshiva University

Rohe, “Islamic Law in Past and Present”

This November, Brill Publishing will release “Islamic Law in Past and Present” by Mathias Rohe (University of Erlangen-Nuremberg).  The publisher’s description follows:

Islamic Law in Past and PresentIslamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

Haeri, “Law of Desire: Temporary Marriage in Shi‘i Iran”

This month, Syracuse University Press releases a revised edition of “Law of Desire: Temporary Marriage in Shi‘i Iran”  by Shahla Haeri (Boston University). A description and review follow:

Law of Desire explores an institution in which sexuality, morality, religious rules, secular laws, and cultural practices converge. Drawing on rich interviews that would have been denied a Western anthropologist, Haeri describes the concept of a temporary marriage contract as it is practiced in Iran. This revised edition includes a postscript contextualizing this classic work within contemporary Iranian society.

Bedzow & Broyde, “The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura”

In October, Academic Studies Press releases “The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura” by Ira Bedzow (Emory University graduate student) and Michael Broyde (Emory University). The publisher’s description follows:

The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura analyzes the jurisprudential methodology of Rabbi Israel Meir Kagan of Radin, the author of the Mishna Berura. It also provides an introduction to the codification of Jewish law and the methodology of codification more generally. The authors demonstrate that Rabbi Kagan had a unique approach in that he tried to balance opposing forces of tradition and modernity. He also attempted to provide definitive halakhic guidance to every question of Jewish law, based on four central questions and ten halakhic principles. After a comprehensive introduction, the authors provide 250 examples from the Mishna Berura to demonstrate their findings and to clarify their thesis in practical and clear terms.