The Beginnings of Islamic Law : Late Antique Islamicate Legal Traditions

"The Beginnings of Islamic Law' is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas."-- Provided by publisher "The Beginnings of Islamic Law' is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas."Résumé de l'éditeur 00. 9781107589711 01.0_pp_i_ii_The_Beginnings_of_Islamic_Law 02.0_pp_iii_iii_The_Beginnings_of_Islamic_Law 03.0_pp_iv_iv_Copyright_page 04.0_pp_v_vi_Dedication 05.0_pp_vii_x_Contents 06.0_pp_xi_xii_Acknowledgements 07.0_pp_xiii_xiv_Note_on_the_text 08.0_pp_1_20_Introduction_Genealogies_of_Islamic_Law 09.0_pp_21_42_Legal-historical_Beginnings_Outlining_Late_Antique_Islamic_Law 10.0_pp_43_83_Legal_Historiography_a_Case_Study_in_International_Law 11.0_pp_84_104_Legal-historical_Hybridity_Tracing_Islam_in_its_Islamicate_Context 12.0_pp_105_135_Legal_Custom_a_Case_Study_in_Ritual_Law 13.0_pp_136_162_Legal_Historicizing_Moments_in_Macro-histories 14.0_pp_163_196_Legal_Comparisons_a_Case_Study_in_Family_Law 15.0_pp_197_207_Conclusion 16.0_pp_208_234_Works_Cited 17.0_pp_235_242_Index Introduction : genealogies of Islamic law -- Legal-historical beginnings : outlining late antique Islamic law -- Legal historiography : a case study in international law -- Legal-historical hybridity : tracing Islam in its Islamicate context -- Legal custom : a case study in ritual law -- Legal historicizing : moments in macro-histories -- Legal comparisons : a case study in family law -- Conclusion This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.