Islamic Law and Culture, 1600-1840

By Haim Gerber | Go to book overview

CONTENTS
Introduction1
Chapter One: The Historical Background23
Chapter Two: Islamic Law and the World of Social Practice32
Al-Ramlī and the Application of the Shariʿa38
Chapter Three: Islamic Law and the State43
The Sultan54
State Institutions56
The Legal Position of the Ottoman Şeyhülislam60
Limitations on the Power of the State65
Relations with other Madhhabs67
Chapter Four: Ijtihad71
Ijtihād and ikhtilāf72
Chapter Five: Istiḥsān and other types of Innovation92
Istiḥsān—Judicial preference92
Innovations97
Chapter Six: ʿUrf (Custom)—The Practical Secularization of Islamic Law105
Chapter Seven: The Structure of the Legal Argument116
The Problem of Deterioration of the Times (fasād al-zamān)124
Islamic Law—Sacred and Profane128
A Note on General Rules in Islamic Law131
Summary and Conclusion133
Islamic Law and Modern Western Law142
Islamic Law, Civil Society, Capitalist Development and Democracy144
Bibliography149
Index153

-ix-

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