The Didascalia Apostolorum as a Point of Departure
Author: Holger Michael Zellentin
Publisher: Mohr Siebrek Ek
The Qur'an preserves aspects of an earlier Jesus movement that most Christian groups diluted or rejected. The Didascalia Apostolorum, a late ancient church order, records a significant number of the laws promulgated in the Qur'an, but does not fully endorse them when it comes to purity. Likewise, the Didascalia's legal narratives about the Israelites and about Jesus, as well as the legal and theological vocabulary of the Syriac (Eastern Christian Aramaic) version of the Didascalia, recurrently show kinship with the Arabic Qur'an. The Qur'an, however, is not "based" on the Didascalia in any direct way. Both texts should rather be read against the background of the practices and the oral discourse shared by their respective audiences: a common legal culture. In this volume, Holger M. Zellentin offers new insights into Late Antique Judaism and Christianity, into the continuity of Judaeo-Christian law and narrative within Jewish and Christian mainstream communities past the fourth century, and into the community that the Qur'an first addressed.
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
This book considers the methods used to derive the judgements of the law from the Qur'an, demonstrating in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses.
Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the state .
This volume explores the relationship between the Qur’an and the Jewish and Christian traditions, considering aspects of continuity and reform. The chapters examine the Qur’an’s retelling of biblical narratives, as well as its reaction to a wide array of topics that mark Late Antique religious discourse, including eschatology and ritual purity, prophetology and paganism, and heresiology and Christology. Twelve emerging and established scholars explore the many ways in which the Qur’an updates, transforms, and challenges religious practice, beliefs, and narratives that Late Antique Jews and Christians had developed in dialogue with the Bible. The volume establishes the Qur’an’s often unique perspective alongside its surprising continuity with Judaism and Christianity. Chapters focus on individual suras and on intra-Qur’anic parallels, on the Qur’an’s relationship to pre-Islamic Arabian culture, on its intertextuality and its literary intricacy, and on its legal and moral framework. It illustrates a move away from the problematic paradigm of cultural influence and instead emphasizes the Qur’an’s attempt to reform the religious landscape of its time. The Qur'an's Reformation of Judaism and Christianity offers new insight into the Islamic Scripture as a whole and into recent methodological developments, providing a compelling snapshot of the burgeoning field of Qur’anic studies. It is a key resource for students and scholars interested in religion, Islam, and Middle Eastern Studies.
This collection of essays concerns the co-existence of religious and secular laws in multicultural societies. By considering a wide range of societies, the book allows more comparisons and makes a much wider contribution than most others on the same topic. The majority of the papers in this book are either based on personal experience or on empirical social scientific research. The sociological approach means that both religious doctrine and legal doctrine are seen and discussed as social phenomena. Half of the studies in the book are focused on countries and societies in North America and Europe, including Britain, Canada, the European Union, Belgium, and Denmark. They consider other countries in their relationships to North America and Europe in consequence of immigration, and they contain many comparative reflections, thus opening up further possibilities of understanding society in the west. Law and Religion in Multicultural Societies is in many ways a global book on a global issu
The purpose of the text is to teach about law by focusing on contemporary legal systems within the framework of each culture. The text emphasizes the legal process in each of the four traditions by concentrating on the specific problems of inheritance, as an example of the definition of and response to crime; contracts as an example of economic decision making; and population planning as an example of personal rights and the allocation of power between judicial, bureaucratic, and religious institutions. For use in undergraduate anthropology courses as well as in advanced anthropology or comparative law courses.