Islamic Law and Culture, 1600-1840 (Studies in Islamic Law and Society)

In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state. Table of Contents Islamic Law and Culture, 1600-1840 by Gerber, Haim Terms of Use Introduction p. 1 Chapter 1 The Historical Background p. 23 Chapter 2 Islamic Law and the World of Social Practice p. 32 Al-Ramli and the Application of the Shari'a p. 38 Chapter 3 Islamic Law and the State p. 43 The Sultan p. 54 State Institutions p. 56 The Legal Position of the Ottoman Seyhulislam p. 60 Limitations on the Power of the State p. 65 Relations with other Madhhabs p. 67 Chapter 4 Ijtihad p. 71 Ijtihad and ikhtilaf p. 72 Chapter 5 Istihsan and other types of Innovation p. 92 Istihsan--Judicial preference p. 92 Innovations p. 97 Chapter 6 'Urf (Custom)--The Practical Secularization of Islamic Law p. 105 Chapter 7 The Structure of the Legal Argument p. 116 The Problem of Deterioration of the Times (fasad al-zaman) p. 124 Islamic Law--Sacred and Profane p. 128 A Note on General Rules in Islamic Law p. 131 Summary and Conclusion p. 133 Islamic Law and Modern Western Law p. 142 Islamic Law, Civil Society, Capitalist Development and Democracy p. 144 Bibliography p. 149 Index p. 153 Descriptive content provided by Syndetics"! a Bowker service. Summary Islamic Law and Culture, 1600-1840 by Gerber, Haim Terms of use In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and urf. Unheralded innovation was also common. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state. Descriptive content provided by Syndetics"! a Bowker service A re-examination of the methodological structure of Islamic law and its relations with the political field. It poses the question of whether Islamic law was increasingly closed and rigid. Such closure in fact never took place. Flexibility remained extant via terms such as ijtihad, istihsan and 'urf.