Between God and the Sultan: A History of Islamic Law

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Author: Knut S. Vikor

ISBN-10: 0195223985

ISBN-13: 9780195223989

Category: History of Islam

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...

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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.

1Introduction : does Islamic law exist?12From practice to method203The Koran and Sunna as sources314Elaborating the sources : Qiyas and Ijtihad535Getting social sanction : Ijma[superscript c] and authorization736The four schools of law897Law beyond the four schools1148The court and the law : the Muftis and legal development1409The court and its judge : the role of the Qadi16810The court and the state18511Law and courts in the Ottoman Empire20612Islamic law in the modern period22213Implementing the Shari'a'25414Criminal law28015Family law29916Economy, taxes and property326