Between God and the Sultan: A History of Islamic Law

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Oxford University Press, 2005 - Religion - 387 pages
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The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book.

Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
  

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Contents

Does Islamic Law Exist?
1
The methods for studying Islamic law
12
THE THEORY OF THE
20
AlShaficl
27
Hadith
38
Contradictions between Koran and hadith
47
Qiyds and Ijtihad
53
the qiyas methodology arise?
64
the Role of the Qadl
168
THE HISTORY OF THE
185
Law and Courts in the Ottoman Empire
206
Islamic Law in the Modern Period
222
Implementing the Sharica
254
SOME AREAS OF THE
280
Family Law
299
Economy taxes and property
326

The cilla and hukm become the rule
70
How is ijmac established?
78
Ijmac and the revealed Texts
85
Law Beyond the Four Schools
114
the Muftisand Legal
140
Conclusion
345
Bibliography
363
Index
381
Copyright

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About the author (2005)

Knut S. Vikor is an Associate Professor of History and Director of the Center for Middle Eastern Studies at the University of Bergen in Norway.

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