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Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt

Autor Kristen Stilt
en Limba Engleză Hardback – 12 ian 2012
A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior.In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority.The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official.The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
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Specificații

ISBN-13: 9780199602438
ISBN-10: 0199602433
Pagini: 274
Ilustrații: illustrative maps
Dimensiuni: 162 x 237 x 22 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

a well-documented work in which the author reconstructs the way the muhtasibs were appointed during the Mamluk period in Egypt, the legal manuals they might have used, and the conflict that prevailed between the ruler and the ulema.
Stilt's book is an important contribution to the legal and social history of the Mamluk period, and its full significance will become apparent when a comprehensive history of the hisba institution in the Islamic West and East is written.
The book fills one of the gaps in our knowledge of the functioning of the Islamic law in the past.

Notă biografică

Kristen Stilt is Associate Professor in the departments of Law and History at Northwestern University. She holds a J.D. from the University of Texas School of Law and a PhD. in History and Middle Eastern Studies from Harvard University. She has been named a Carnegie Scholar for her work on constitutional authority and Islamic law in the Muslim world.