Tag Archives: Religious Law

David, “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought”

This month, Springer releases “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought” by Joseph E. David (University of Oxford). The publisher’s description follows:

The book provides in depth studies of two epistemological aspects of Jewish  Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering.

-   How different are the epistemological concerns of religious-law in comparison to other legal systems?
–   In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions?
–  What specifies legal reasoning and legal knowledge in a religious framework?

The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand, and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework.

The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

Tas, “Legal Pluralism in Action”

This July, Ashgate Publishing released “Legal Pluralism in Action: Dispute Resolution and the Kurdish Peace Committee” by Latif Tas (University of London). The publisher’s description follows:

Legal Pluralism in ActionThis groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community.

Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.

“The Ashgate Research Companion to Islamic Law” (Peters & Bearman, eds.)

In July, Ashgate Publishing released “The Ashgate Research Companion to Islamic Law” edited by Rudolph Peters (University of Amsterdam) and Peri Bearman (Harvard University). The publisher’s description follows:

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research.

The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context.

By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Attias, “The Jews and the Bible”

In November, Stanford University Press will release “The Jews and the Bible” by Jean-Christophe Attias (École pratique des hautes études, Sorbonne, Paris). The publisher’s description follows:

Despite its deceptively simple title, this book ponders the thorny issue of the place of the Bible in Jewish religion and culture. By thoroughly examining the complex link that the Jews have formed with the Bible, Jewish scholar Jean-Christophe Attias raises the uncomfortable question of whether it is still relevant for them.

Jews and the Bible reveals how the Jews define themselves in various times and places with the Bible, without the Bible, and against the Bible. Is it divine revelation or national myth? Literature or legislative code? One book or a disparate library? Text or object? For the Jews, over the past two thousand years or more, the Bible has been all that and much more. In fact, Attias argues that the Bible is nothing in and of itself. Like the Koran, the Bible has never been anything other than what its readers make of it. But what they’ve made of it tells a fascinating story and raises provocative philosophical and ethical questions.

The Bible is indeed an elusive book, and so Attias explores the fundamental discrepancy between what we think the Bible tells us about Judaism and what Judaism actually tells us about the Bible. With passion and intellect, Attias informs and enlightens the reader, never shying away from the difficult questions, ultimately asking: In our post-genocide and post-Zionist culture, can the Bible be saved?

Bakircioglu, “Islam and Warfare”

This November, Routledge Press will release “Islam and Warfare: Context and Compatibility with International Law” by Onder Bakircioglu (School of Law at the University of Leicester).  The publisher’s description follows:

The question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad.

Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch.

This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.

Chalmers & O’Reilly, “The Clergy Sex Abuse Crisis and the Legal Responses”

This September, Oxford University Press will release “The Clergy Sex Abuse Crisis and the Legal Responses” by James T. O’Reilly (University of Cincinnati College of Law) and Margaret S.P. Chalmers (Chancellor of the Personal Ordinariate of the Chair of Saint Peter).  The publisher’s description follows:

Clergy Sex AbuseThe sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion.

In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O’Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church’s legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church’s internal judicial processes interact or clash with the civil pursuit of these cases.

Rabb, “Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law”

In November, Cambridge University Press will release “Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law” by Intisar A. Rabb (Harvard Law School). The publisher’s description follows:

This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt. Intisar A. Rabb calls into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through a close examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam’s unique concept of doubt, which evolved from the seventh to the sixteenth century.

Spevack, “The Archetypical Sunni Scholar”

In October, State University of New York Press will release “The Archetypical Sunni Scholar: Law, Theology, and Mysticism in the Synthesis of al-Bajuri” by Aaron Spevack (Colgate University).  The publisher’s description follows:

The Archetypical Sunni ScholarThis is a rare study of a late premodern Islamic thinker, Ibrahim al- Bājūrī, a nineteenth-century scholar and rector of Cairo’s al-Azhar University. Aaron Spevack explores al- Bājūrī’s legal, theological, and mystical thought, highlighting its originality and vibrancy in relation to the millennium of scholarship that preceded and informed it, and also detailing its continuing legacy. The book makes a case for the normativity of the Gabrielian Paradigm, the study of law, rational theology, and Sufism, in the person of al- Bājūrī. Soon after his death in 1860, this typical pattern of scholarship would face significant challenges from modernists, reformers, and fundamentalists. Spevack challenges beliefs that rational theology, syllogistic logic, and Sufism were not part of the predominant conception of orthodox scholarship and shows this scholarly archetype has not disappeared as an ideal. In addition, the book contests prevailing beliefs in academic and Muslim circles about intellectual decline from the thirteenth through nineteenth centuries.

Kochen, “Organ Donation and the Divine Lien in Talmudic Law”

In September, Cambridge University Press will release Organ Donation and the Divine Lien in Talmudic Law by Madeline Kochen (University of Michigan Law School).  The publisher’s description follows:

Organ Donation and the Divine LienThis book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the “divine lien,” an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner’s voluntary recognition and fulfillment of this latent property obligation.

Katz, “Women in the Mosque”

In September, Columbia University Press will publish Women in the Mosque: A History of Legal Thought and Social Practice by Marion Holmes Katz (New York University).  The publisher’s description follows: Women in the Mosque

Juxtaposing Muslim scholars’ debates over women’s attendance in mosques with historical descriptions of women’s activities within Middle Eastern and North African mosques, Marion Holmes Katz shows how over the centuries legal scholars’ arguments have often reacted to rather than dictated Muslim women’s behavior.

Tracing Sunni legal positions on women in mosques from the second century of the Islamic calendar to the modern period, Katz connects shifts in scholarly terminology and argumentation to changing constructions of gender. Over time, assumptions about women’s changing behavior through the lifecycle gave way to a global preoccupation with sexual temptation, which then became the central rationale for limits on women’s mosque access. At the same time, travel narratives, biographical dictionaries, and religious polemics suggest that women’s usage of mosque space often diverged in both timing and content from the ritual models constructed by scholars. Katz demonstrates both the concrete social and political implications of Islamic legal discourse and the autonomy of women’s mosque-based activities. She also examines women’s mosque access as a trope in Western travelers’ narratives and the evolving significance of women’s mosque attendance among different Islamic currents in the twentieth century.