Between God and the Sultan A History of

Today's dicussions on Islam and the place religion should have in society often lead to questions about the Shari'a - Islamic law. Those who work for a political role for Islam demand that the Shari'a must be applied in their country, while those critical of Islam use the law as proof of its 'medieval' character. Islam is sometimes, not quite justly, called a 'religion of rules', and the rules of Islam are the Shari'a.

Preface

v

1 Introduction: Does Islamic Law Exist?

1

(19)

Where is the Islamic law?

4

(8)

The methods for studying Islamic law

12

(8)

Part I. THE THEORY OF THE LAW

2 From Practice to Method

20

(11)

Law or tradition

21

(6)

Al-Shafici

27

(4)

3 The Koran and Sunna as Sources

31

(22)

Four sources or three levels

31

(1)

The Koran

32

(6)

Hadith

38

(9)

Contradictions between Koran and hadith

47

(6)

4 Elaborating the Sources: Qiyas and Ijtihad

53

(20)

Ijtihad

53

(1)

Qiyas

54

(4)

cIlla

58

(6)

How did the qiyas methodology arise?

64

(1)

Istilisan: to ignore a qiyas rule

65

(5)

The cilla and hukm become the rule

70

(3)

5 Getting Social Sanction: Ijmac and Authorization

73

(16)

Ijmac

74

(4)

How is ijmac established?

78

(7)

Ijmac and the revealed Texts

85

(2)

Shafici's model

87

(2)

Part II. THE APPLICATION OF THE LAW

6 The Four Schools of Law

89

(25)

Putting the law in writing

89

(5)

The schools

94

(10)

Four consensuses

104

(6)

What the dates mean

110

(4)

7 Law Beyond the Four Schools

114

(26)

'Proto-Sunni' currents

114

(6)

Ibadism

120

(1)

Shicism

121

(8)

The principles of Shici law

129

(11)

8 The Court and the Law: the Muftis and Legal Development

140

(28)

Fatwas

141

(2)

The mufti, the state and the courts

143

(4)

The process of ifta

147

(4)

From ijtihad to fatwa

151

(5)

Taglid and the rules of the school

156

(5)

Manuals and supplementary works

161

(4)

Other sources for legal practice

165

(3)

9 The Court and its Judge: the Role of the Qadi

168

(17)

Competence and organization

170

(3)

Standard procedure

173

(7)

Practices of the court

180

(5)

Part III. THE HISTORY OF THE LAW

10 The Court and the State

185

(21)

Non-Sharica courts: Mazalim and shurta

189

(6)

Hisba and the muhtasib

195

(3)

Sharica and siyasa courts

198

(8)

11 Law and Courts in the Ottoman Empire

206

(16)

Kanun and Sharica

207

(2)

The qadis

209

(3)

The muftis and the seyhül-islam

212

(5)

Ottoman law in the provinces: Tunisia

217

(5)

12 Islamic Law in the Modern Period

222

(32)

Changes after 1800

222

(6)

From kanun to national laws

228

(1)

Reforms in the Ottoman empire

229

(2)

Egypt

231

(11)

Algeria

242

(4)

Africa: Islamic law in British colonies

246

(4)

Traditional states in a modern world

250

(4)

13 Implementing the Sharica'

254

(26)

Islamism

257

(7)

Sharica in practice today: Saudi Arabia

264

(5)

Iran

269

(4)

Sudan

273

(5)

Sharica through siyasa

278

(2)

Part IV. SOME AREAS OF THE LAW

14 Criminal Law

280

(19)

The field of the law

280

(2)

Hudud

282

(5)

Murder and blood money

287

(4)

Apostasy

291

(5)

Methods of punishment

296

(3)

15 Family Law

299

(27)

Marriage

300

(9)

Divorce

309

(7)

Children

316

(2)

Inheritance

318

(3)

Modern adaptations

321

(5)

16 Economy, taxes and property

326

(19)

Islamic banking

328

(4)

Taxes

332

(7)

Wagf

339

(6)

Conclusion

345

(4)

Glossary

349

(14)

Bibliography

363

(18)

Index

381

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Between God and the Sultan A History of Islamic Law

Summary

Table of Contents

Supplemental Materials