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"Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies." --Provided by publisher., 1. Nature, Revelation, and the State in Pre-modern Sunni Theological, Legal, and Political Thought -- 2. Islamic Law Reform: Between Reinterpretation and Democracy -- 3. The Implications of Fiqh Al-Aqalliyyāt (Jurisprudence of Minorities) for the Rights of non-Muslim Minorities in Muslim-majority Countries -- 4. The Social Logic of Taqlīd and The Rise of the Mukhtaṣar -- 5. “Istafti qalbaka wa in aftāka al-nāsu wa aftūka:” The Ethical Obligations of the Muqallid Between Autonomy and Trust -- 6. “Istiḥsān is nine-tenths of the law”: The Puzzling Relationship of Uṣūl to Furū' in the Mālikī Madhhab --7. Is Historicism a Viable Strategy for Islamic Law Reform? The Case of 'Never shall a folk prosper who have appointed a woman to rule them' -- 8. Two Women, One Man: Knowledge, Power, and Gender in Medieval Sunni legal Thought -- 9. Reinterpreting the Guardian's Role in the Islamic Contract of Marriage: The Case of the Mālikī school -- 10. Political Liberalism, Islamic family law, and Family Law Pluralism -- 11. Adoption in Islamic law -- 12. Ribā, Efficiency, and Prudential Regulation: Preliminary Thoughts -- 13. Ethics and Finance: an Islamic Perspective in the Light of the Purposes of Islamic Sharī'a, "Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies." --Provided by publisher.

Includes bibliographical references and index., Concepts, words, historical realities of a "classical" dichotomy / Giovanna Calasso -- Constructing and deconstructing the Dar al-Islam / Dar al-ḥarb opposition between sources and studies / Giovanna Calasso --The dmssing dar on collocations in classical Arabic dictionaries / Giuliano Lancioni --The perception of the others, Rum and Franks (tenth-twelfth centuries) / Yaacov Lev -- Some observations on Dar al-ḥarb / Dar al-Islam in the Imami context / Biancamaria Scarcia Amoretti -- Naming the enemy's land: definitions of dar al-ḥarb in Ibn al-Mubarak's Kitab al-Jihad / Roberta Denaro --6 Dar al-Islam / dar al-ḥarb in the Tafsir by Ibn Jarir al-Tabari and in early traditions / Roberto Tottoli -- The Qurʼanic foundations of the Dar al-Islam / dar al-ḥarb dichotomy: an unusual hypothesis / Raoul Villano -- Dar al-Islam et dar al-ḥarb : quelques reflexions a propos de la geographie theologico-politique sunnite classique, en regard du Kitab al-Muhadhdhab d'Abu Isḥaq al-Sirazi (m. 476/1083) / Eric Chaumont = An unknown minority between the Dar al-ḥarb and the Dar al-Islam / Francisco Apellaniz -- Some observations on the concept of dar al-jahd in the Ottoman context (XVI-XVII c.) / Nicola Melis -- Some Notes on Dar al-ḥarb in early al-Andalus / Maribel Fierro and Luis Molina -- Les emirs d'Iran nord-oriental face aux steppes turques (IXe-XIe siecle) : entre legitimation, confrontation et cohabitation / Camille Rhone -- Dar al-Islam ou Bilad al-rum ? Le cas de l'Anatolie turque au Moyen-Age / Michel Balivet -- Une appartenance controversee : trois moments dans le debat autour du statut du bilad al-Sudan / Francesco Zappa --Faith as territory: Dar al-Islam and Dar al-ḥarb in modern Shiʻi sufism / Alessandro Cancian -- Dar al-Islam and Darul Islam: from political ideal to territorial reality / Chiara Formichi -- Dar al-Islam and Dar al-ḥarb in modern Indian Muslim thought / Yohanan Friedmann -- Better barr al-jadw than dar al-ḥarb: some considerations about eighteenth-centur