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Studiesin Modern Islamic LawandJurisprudence, by Oussama Arabi, Arab and Islamic Laws Series, Kluwer Law International 2001

Studiesin Modern Islamic LawandJurisprudence, by Oussama Arabi, Arab and Islamic Laws Series,... This book is a collection of discrete articles examining a variety of topics around the theme of modern Islamic legal theory. Originally written at different times and some already published, they are brought together under this loose heading. This is very much a specialist's book and not one that I would recommend to undergraduate students or the interested general reader with no prior knowledge of the subject. The theoretical chapters, although technically excellent, are particularly impenetrable and of relevance only to those with narrow interests in juristic argument. Rather than simplify the ex- planations of these topics the author has chosen to reproduce in English the style of the arguments of the classical jurists in Arabic. The title of Chapter 8, "The Dawning of the Third Millennium on Shari'a: Egypt's Law No. 1 of 2000, or Women May Divorce at Will" is inaccurate, subjective, almost crass. The concept that women in Egypt may divorce at will is laughable. In reality, away from the convoluted theoretical arguments of male jurists in their ivory towers, khul' is for the most part the last resort of women who have despaired of obtaining their le- gitimate rights by divorce through the unwieldy judicial system, and these the few whose financial situations allow them even to consider this option. The language is often unnecessarily complex and not always correct. Although Chap- ter 6 is one of the more interesting and readable chapters, I find it difficult to believe that the author actually means the "physical decimation of one sixth of the popula- tion" (p.189) as the product of these fractions would be one sixtieth. There are numerous examples throughout the text of pseudo-sophisticated vocabulary which are either not real words or used incorrectly. On page 192, for example, we can only assume that the laws that the author describes as atemporal sic are in fact 'timeless' and therefore not to be tampered (not tempered) with. There is much to praise in this book and at the same time there are significant as- pects to be criticized. This is perhaps inevitable in a book assembled in this way from individual articles. This is a book that will be of interest to research students and acad- emics seeking insight into the nature of Islamic law and the way it is understood in the Arab world in particular. In this, for the greater part, it succeeds. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of Islamic and Middle Eastern Law Online Brill

Studiesin Modern Islamic LawandJurisprudence, by Oussama Arabi, Arab and Islamic Laws Series, Kluwer Law International 2001

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-2987
DOI
10.1163/221129802X00391
Publisher site
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Abstract

This book is a collection of discrete articles examining a variety of topics around the theme of modern Islamic legal theory. Originally written at different times and some already published, they are brought together under this loose heading. This is very much a specialist's book and not one that I would recommend to undergraduate students or the interested general reader with no prior knowledge of the subject. The theoretical chapters, although technically excellent, are particularly impenetrable and of relevance only to those with narrow interests in juristic argument. Rather than simplify the ex- planations of these topics the author has chosen to reproduce in English the style of the arguments of the classical jurists in Arabic. The title of Chapter 8, "The Dawning of the Third Millennium on Shari'a: Egypt's Law No. 1 of 2000, or Women May Divorce at Will" is inaccurate, subjective, almost crass. The concept that women in Egypt may divorce at will is laughable. In reality, away from the convoluted theoretical arguments of male jurists in their ivory towers, khul' is for the most part the last resort of women who have despaired of obtaining their le- gitimate rights by divorce through the unwieldy judicial system, and these the few whose financial situations allow them even to consider this option. The language is often unnecessarily complex and not always correct. Although Chap- ter 6 is one of the more interesting and readable chapters, I find it difficult to believe that the author actually means the "physical decimation of one sixth of the popula- tion" (p.189) as the product of these fractions would be one sixtieth. There are numerous examples throughout the text of pseudo-sophisticated vocabulary which are either not real words or used incorrectly. On page 192, for example, we can only assume that the laws that the author describes as atemporal sic are in fact 'timeless' and therefore not to be tampered (not tempered) with. There is much to praise in this book and at the same time there are significant as- pects to be criticized. This is perhaps inevitable in a book assembled in this way from individual articles. This is a book that will be of interest to research students and acad- emics seeking insight into the nature of Islamic law and the way it is understood in the Arab world in particular. In this, for the greater part, it succeeds.

Journal

Yearbook of Islamic and Middle Eastern Law Online – Brill

Published: Jan 1, 2001

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