Studies In Islamic Commercial Law Ottoman Land Law
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Author | : Servet Armagan |
Publisher | : IUR Press |
Total Pages | : 144 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9081726420 |
This book is a humble essay on some topics in Islamic law. It is divided into two main parts. The first part presents some legal studies carried out by a jurist in Islamic commercial law. The second part takes up land law in the Ottoman Empire. Nonetheless, we should admit that one of the most obvious features of the Ottoman Empire was its wide territory and characteristics of its administration. The Ottoman Empire lasted for more than 600 years and extended across three continents: Asia, Africa, and Europe. Economically, this worlwide empire, known as the “Pact Ottomana” is important for the Ottoman treasury. The land law of the Ottoman Empire can be a model for Islamic countries today, both with respect to administration and economics (the latter is very important). These countries should adopt the land system of the Ottoman Empire, and this book will elucidate the main justifications and reasons for this claim.
Author | : Sabrina Joseph |
Publisher | : BRILL |
Total Pages | : 211 |
Release | : 2012-05-08 |
Genre | : Business & Economics |
ISBN | : 9004228357 |
Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.
Author | : Sabrina Joseph |
Publisher | : BRILL |
Total Pages | : 210 |
Release | : 2012-05-08 |
Genre | : Law |
ISBN | : 9004228675 |
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author | : Muhammad Yusuf Saleem |
Publisher | : John Wiley & Sons |
Total Pages | : 176 |
Release | : 2012-11-09 |
Genre | : Business & Economics |
ISBN | : 1118504062 |
A concise study of the practices in Islamic commercial law Filling a gap in the current literature, Islamic Commercial Law is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more. Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic finance Closes a vital gap in the English-language literature on Islamic commercial law Features end-of-chapter questions to enable self-testing and provoke critical thinking An ideal guide for current students, researchers, and practitioners, Islamic Commercial Law offers a concise yet comprehensive coverage of the subject.
Author | : Siraj Sait |
Publisher | : Zed Books |
Total Pages | : 262 |
Release | : 2006-10 |
Genre | : Law |
ISBN | : 9781842778135 |
This pioneering work addresses Islamic property and land rights by drawing on a range of socio-historical, classical and contemporary debates. The authors consider the possibilities for inclusive and pro-poor approaches to land rights within Islamic legal and human rights systems.
Author | : James E. Baldwin |
Publisher | : Edinburgh University Press |
Total Pages | : 248 |
Release | : 2016-12-05 |
Genre | : Social Science |
ISBN | : 1474403107 |
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Author | : Maurits van den Boogert |
Publisher | : BRILL |
Total Pages | : 340 |
Release | : 2020-11-23 |
Genre | : Law |
ISBN | : 9047406125 |
This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.
Author | : Guy Burak |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2015-01-12 |
Genre | : History |
ISBN | : 110709027X |
The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.
Author | : Abdullah Alwi Haji Hassan |
Publisher | : The Other Press |
Total Pages | : 317 |
Release | : 2007 |
Genre | : Commercial law |
ISBN | : 9839541560 |
Author | : Baber Johansen |
Publisher | : Routledge |
Total Pages | : 193 |
Release | : 2016-11-10 |
Genre | : Religion |
ISBN | : 131531259X |
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.