Ron Shaham
Biographic Data
| ID | 697930 |
|---|---|
| NAME | Ron Shaham |
| GIVEN NAMES | Ron |
| FAMILY NAME | Shaham |
| SIGNATURE | SHAHAM R |
| AFFILIATIONS | Hebrew University of Jerusalem |
| VERIFIED | No |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 17 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1991 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
In MemoriamAharon Layish (1933–2022)
Tale of Two Stories: Customary Marriage and Paternity. A Discourse Analysis of a Scandal in Egypt. By Bjorn Bentlage
A Tale of Two Stories: Customary Marriage and Paternity. A Discourse Analysis of a Scandal in Egypt. By Björn Bentlage. Islamkundliche Untersuchungen, vol. 333. Berlin: Klaus Schwarz, 2017. Pp. 337. €49.80
Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas
Subsequent to the crystallization of the legal schools, Muslim jurists felt the need to consolidate the massive corpus of legal opinion in order to aid students and practitioners of the law. The result was legal maxims (qawāʿid fiqhiyya), concise theoretical statements that captured the objectives of the Sharia. An example is al-ḍarar yuzāl ("Harm must be removed"), which is based on the hadith lā ḍarar wa-lā ḍirār. This article analyzes the role…
Debates on the Diya (Blood Money): Contemporary Juristic Discourse and Women’s Rights
The present study focuses on a fatwa issued in 2005 by Yūsuf al-Qaraḍāwī. Unlike the predominant opinion of all law schools that the female’s diya is half that of a male’s, al-Qaraḍāwī argues that it is equal to that of a male’s. I claim that the encounter between the Modern-Salafi juristic methodology, applied by al-Qaraḍāwī, and the Traditional-Salafi methodology, applied by those who opposed his fatwa, captures in a nutshell the main features …
The Rhetoric of Legal Disputation
The essay deals with the bitter polemics between Neo-Ahl al-Ḥadīth and Sheikh Yūsuf al-Qaraḍāwī, a well-known legal scholar in the contemporary Muslim Sunni world. In addition to analyzing the substantial claims made by one party against the other one, the essay focuses on the rhetorical devices used by both parties. It analyzes these devices in light of theories of Pragmatics in the field of discourse analysis, with special attention to the dist…
Islamic Law and Civil Code: The Law of Property in Egypt
Law versus Medical Science: Competition between Legal and Biological Paternity in an Egyptian Civil Court
The 1942 lawsuit that is translated, annotated and analyzed in this article raises questions about the judicial acceptability of new types of evidence developed by modern science. A husband who suspected that his wife was carrying the child of her lover asked the ahlī court of summary justice in Alexandria to determine the identity of the child's biological father by means of a blood-group test. The judge's refusal to comply with the request, on …
Communal identity, political Islam and family law: Copts and the debate over the grounds for dissolution of marriage in twentieth-century Egypt
This article follows the debate over the legal grounds for dissolution of marriage within the Egyptian Coptic Orthodox community during the twentieth century, situating this debate in broader religious, political, social and legal perspectives. In 1999, the Coptic Orthodox Patriarch Shenouda III (r. 1971–) promoted a new draft of unified personal status law for Christians, which considerably limited the grounds for dissolution of marriage. He jus…
Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish
This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, …
Law, Custom, and Statute in the Muslim World (Studies in Islamic Law and Society)
Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish
Islamic Law and Legal System: Studies of Saudi Arabia
Based on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practi…
Masters, Their Freed Slaves, and the Waqf in Egypt (Eighteenth-Twentieth Centuries)
The study seeks to clarify - on the basis of shari'a court decisions - the exact forms in which freed slaves benefited from waqfs founded by their former masters. The essay also analyses the ways in which gender and color of the freed slave affected his or her entitlement, and the ways in which freed slaves functioned as administrators of waqfs established by their former masters. The main finding of the study is that most of the founders, who we…
Family and the Courts in Modern Egypt: A Study Based on Decisions by the Sharīʿa Courts, 1900-1955
An Egyptian Judge in a Period of Change: Qāḍī Aḥmad Muḥammad Shākir, 1892-1958
This essay seeks to analyze the dynamics of modern legal change as reflected in the juridical thought of the Egyptian Salafī faqīh and qādī, Ahmad Muhammad Shākir. The study is based on a collection of twenty-four of Shākir's sharī⊂a court decisions, published in 1941. It analyzes the main topics that were on Shākir's agenda : the restriction of the jurisdiction of the sharī⊂a courts in favor of the civil courts : the statutory legislation in fam…
State, feminists and Islamists-the debate over stipulations in marriage contracts in Egypt
A new dispute between Shaykh al-Azhar and the [Chief] Muftī concerning the marriage contract: Shaykh al-Azhar argues that the new contract permits the forbidden and forbids the permitted, that the contract is the creation of the secularists, and that it contains forbidden innovation (bid'a) and is misleading; the Mufti holds that the contract does not permit the forbidden or forbid the permitted, that it is a result of a permissible independent r…
Family and the Courts in Modern Egypt: A Study based on Decisions by the Sharī‘a Courts, 1900-1955
This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process. Family and the Courts in Modern …
Custom, Islamic Law, and Statutory Legislation: Marriage Registration and Minimum Age at Marriage in the Egyptian Sharīʿa Courts
In this essay I examine the interaction between social change and law, in general, and between social custom, Islamic Law and statutory legislation, in particular, by analyzing forty decisions issued by Egyptian sharīʿa courts from the turn of the present century until 1955. These decisions, which deal with the application of two reforms pertaining to marriage, indicate, first, that whenever legal reform confronted entrenched social practices, li…
Jews and the Shari'a Courts in Modern Egypt
L'A. montre que dans l'Egypte du XX e siecle, les Juifs ont ete enclins a porter leurs affaires judiciaires devant les tribunaux islamiques jugeant selon la loi islamique (sharī'a). Par consequent, les tribunaux rabbiniques ont ete ecartes et ceci en violation des prohibitions religieuses. En realite, ce recours aux tribunaux islamiques est motive par des raisons pratiques: aspiration a la securite du point de vue du droit, efficacite du jugement…
Judicial Divorce at the Wife's Initiative: The Sharīʿa Courts of Egypt, 1920-1955
Judicial Divorce At the Wife's Initiative: The SharīcFa Courts of Egypt, 1920-1955
Islamic law defines divorce as a unilateral act of a husband. In Egypt, modernist statutory legislation (1920 and 1929) improved the legal status of women by granting them four grounds for judicial divorce based on Mālikī doctrine: a husband's defects and diseases; his nonprovision of maintenance; his prolonged absence; and injury caused by him to his wife. This study, based on seventy decisions of the sharīca courts issued between 1920 and 1955,…
A Woman's Place: A Confrontation with Bedouin Custom in the Sharīʿa Court
This paper examines the confrontation between Islamic law (the sharica) and Bedouin customary law through the study of a decision of the sharica court in al-'Arish (north Sinai), in the year 1906. A Bedouin woman, who according to custom lacks legal standing, demanded the annulment of her marriage, which was perfectly valid according to Bedouin custom, on the grounds that the marriage was irregular according to the shari ca. The judge handed down…
Christian and JewishWaqfin Palestine during the late Ottoman period
This article deals with Palestinian Christians and Jews who availed themselves of the Muslim pious endowment institution (waqf, pi.awqāf) during the late Ottoman period. In Judaism and Christianity we find pious endowment institutions: the Jewish 'Hekdesh' and the Christian 'Piae Causae'. In both religions there exists an ancient tradition of endowments for purposes which are quite similar to those of thewaqf. In spite of this, Christians and Jew…
Christian and JewishWaqfin Palestine during the late Ottoman period
This article deals with Palestinian Christians and Jews who availed themselves of the Muslim pious endowment institution (waqf, pi.awqāf) during the late Ottoman period. In Judaism and Christianity we find pious endowment institutions: the Jewish 'Hekdesh' and the Christian 'Piae Causae'. In both religions there exists an ancient tradition of endowments for purposes which are quite similar to those of thewaqf. In spite of this, Christians and Jew…
Communal identity, political Islam and family law: Copts and the debate over the grounds for dissolution of marriage in twentieth-century Egypt
This article follows the debate over the legal grounds for dissolution of marriage within the Egyptian Coptic Orthodox community during the twentieth century, situating this debate in broader religious, political, social and legal perspectives. In 1999, the Coptic Orthodox Patriarch Shenouda III (r. 1971–) promoted a new draft of unified personal status law for Christians, which considerably limited the grounds for dissolution of marriage. He jus…
Masters, Their Freed Slaves, and the Waqf in Egypt (Eighteenth-Twentieth Centuries)
The study seeks to clarify - on the basis of shari'a court decisions - the exact forms in which freed slaves benefited from waqfs founded by their former masters. The essay also analyses the ways in which gender and color of the freed slave affected his or her entitlement, and the ways in which freed slaves functioned as administrators of waqfs established by their former masters. The main finding of the study is that most of the founders, who we…
State, feminists and Islamists-the debate over stipulations in marriage contracts in Egypt
A new dispute between Shaykh al-Azhar and the [Chief] Muftī concerning the marriage contract: Shaykh al-Azhar argues that the new contract permits the forbidden and forbids the permitted, that the contract is the creation of the secularists, and that it contains forbidden innovation (bid'a) and is misleading; the Mufti holds that the contract does not permit the forbidden or forbid the permitted, that it is a result of a permissible independent r…
Judicial Divorce At the Wife's Initiative: The SharīcFa Courts of Egypt, 1920-1955
Islamic law defines divorce as a unilateral act of a husband. In Egypt, modernist statutory legislation (1920 and 1929) improved the legal status of women by granting them four grounds for judicial divorce based on Mālikī doctrine: a husband's defects and diseases; his nonprovision of maintenance; his prolonged absence; and injury caused by him to his wife. This study, based on seventy decisions of the sharīca courts issued between 1920 and 1955,…
The Rhetoric of Legal Disputation
The essay deals with the bitter polemics between Neo-Ahl al-Ḥadīth and Sheikh Yūsuf al-Qaraḍāwī, a well-known legal scholar in the contemporary Muslim Sunni world. In addition to analyzing the substantial claims made by one party against the other one, the essay focuses on the rhetorical devices used by both parties. It analyzes these devices in light of theories of Pragmatics in the field of discourse analysis, with special attention to the dist…
An Egyptian Judge in a Period of Change: Qāḍī Aḥmad Muḥammad Shākir, 1892-1958
This essay seeks to analyze the dynamics of modern legal change as reflected in the juridical thought of the Egyptian Salafī faqīh and qādī, Ahmad Muhammad Shākir. The study is based on a collection of twenty-four of Shākir's sharī⊂a court decisions, published in 1941. It analyzes the main topics that were on Shākir's agenda : the restriction of the jurisdiction of the sharī⊂a courts in favor of the civil courts : the statutory legislation in fam…
Jews and the Shari'a Courts in Modern Egypt
L'A. montre que dans l'Egypte du XX e siecle, les Juifs ont ete enclins a porter leurs affaires judiciaires devant les tribunaux islamiques jugeant selon la loi islamique (sharī'a). Par consequent, les tribunaux rabbiniques ont ete ecartes et ceci en violation des prohibitions religieuses. En realite, ce recours aux tribunaux islamiques est motive par des raisons pratiques: aspiration a la securite du point de vue du droit, efficacite du jugement…
Christian and JewishWaqfin Palestine during the late Ottoman period
This article deals with Palestinian Christians and Jews who availed themselves of the Muslim pious endowment institution (waqf, pi.awqāf) during the late Ottoman period. In Judaism and Christianity we find pious endowment institutions: the Jewish 'Hekdesh' and the Christian 'Piae Causae'. In both religions there exists an ancient tradition of endowments for purposes which are quite similar to those of thewaqf. In spite of this, Christians and Jew…
A Woman's Place: A Confrontation with Bedouin Custom in the Sharīʿa Court
This paper examines the confrontation between Islamic law (the sharica) and Bedouin customary law through the study of a decision of the sharica court in al-'Arish (north Sinai), in the year 1906. A Bedouin woman, who according to custom lacks legal standing, demanded the annulment of her marriage, which was perfectly valid according to Bedouin custom, on the grounds that the marriage was irregular according to the shari ca. The judge handed down…
Judicial Divorce at the Wife's Initiative: The Sharīʿa Courts of Egypt, 1920-1955
Judicial Divorce At the Wife's Initiative: The SharīcFa Courts of Egypt, 1920-1955
Islamic law defines divorce as a unilateral act of a husband. In Egypt, modernist statutory legislation (1920 and 1929) improved the legal status of women by granting them four grounds for judicial divorce based on Mālikī doctrine: a husband's defects and diseases; his nonprovision of maintenance; his prolonged absence; and injury caused by him to his wife. This study, based on seventy decisions of the sharīca courts issued between 1920 and 1955,…
Custom, Islamic Law, and Statutory Legislation: Marriage Registration and Minimum Age at Marriage in the Egyptian Sharīʿa Courts
In this essay I examine the interaction between social change and law, in general, and between social custom, Islamic Law and statutory legislation, in particular, by analyzing forty decisions issued by Egyptian sharīʿa courts from the turn of the present century until 1955. These decisions, which deal with the application of two reforms pertaining to marriage, indicate, first, that whenever legal reform confronted entrenched social practices, li…
Jews and the Shari'a Courts in Modern Egypt
L'A. montre que dans l'Egypte du XX e siecle, les Juifs ont ete enclins a porter leurs affaires judiciaires devant les tribunaux islamiques jugeant selon la loi islamique (sharī'a). Par consequent, les tribunaux rabbiniques ont ete ecartes et ceci en violation des prohibitions religieuses. En realite, ce recours aux tribunaux islamiques est motive par des raisons pratiques: aspiration a la securite du point de vue du droit, efficacite du jugement…
Family and the Courts in Modern Egypt: A Study based on Decisions by the Sharī‘a Courts, 1900-1955
This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process. Family and the Courts in Modern …
Family and the Courts in Modern Egypt: A Study Based on Decisions by the Sharīʿa Courts, 1900-1955
An Egyptian Judge in a Period of Change: Qāḍī Aḥmad Muḥammad Shākir, 1892-1958
This essay seeks to analyze the dynamics of modern legal change as reflected in the juridical thought of the Egyptian Salafī faqīh and qādī, Ahmad Muhammad Shākir. The study is based on a collection of twenty-four of Shākir's sharī⊂a court decisions, published in 1941. It analyzes the main topics that were on Shākir's agenda : the restriction of the jurisdiction of the sharī⊂a courts in favor of the civil courts : the statutory legislation in fam…
State, feminists and Islamists-the debate over stipulations in marriage contracts in Egypt
A new dispute between Shaykh al-Azhar and the [Chief] Muftī concerning the marriage contract: Shaykh al-Azhar argues that the new contract permits the forbidden and forbids the permitted, that the contract is the creation of the secularists, and that it contains forbidden innovation (bid'a) and is misleading; the Mufti holds that the contract does not permit the forbidden or forbid the permitted, that it is a result of a permissible independent r…
Masters, Their Freed Slaves, and the Waqf in Egypt (Eighteenth-Twentieth Centuries)
The study seeks to clarify - on the basis of shari'a court decisions - the exact forms in which freed slaves benefited from waqfs founded by their former masters. The essay also analyses the ways in which gender and color of the freed slave affected his or her entitlement, and the ways in which freed slaves functioned as administrators of waqfs established by their former masters. The main finding of the study is that most of the founders, who we…
Islamic Law and Legal System: Studies of Saudi Arabia
Based on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practi…
Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish
This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, …
Law, Custom, and Statute in the Muslim World (Studies in Islamic Law and Society)
Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish
Communal identity, political Islam and family law: Copts and the debate over the grounds for dissolution of marriage in twentieth-century Egypt
This article follows the debate over the legal grounds for dissolution of marriage within the Egyptian Coptic Orthodox community during the twentieth century, situating this debate in broader religious, political, social and legal perspectives. In 1999, the Coptic Orthodox Patriarch Shenouda III (r. 1971–) promoted a new draft of unified personal status law for Christians, which considerably limited the grounds for dissolution of marriage. He jus…
Islamic Law and Civil Code: The Law of Property in Egypt
Law versus Medical Science: Competition between Legal and Biological Paternity in an Egyptian Civil Court
The 1942 lawsuit that is translated, annotated and analyzed in this article raises questions about the judicial acceptability of new types of evidence developed by modern science. A husband who suspected that his wife was carrying the child of her lover asked the ahlī court of summary justice in Alexandria to determine the identity of the child's biological father by means of a blood-group test. The judge's refusal to comply with the request, on …
The Rhetoric of Legal Disputation
The essay deals with the bitter polemics between Neo-Ahl al-Ḥadīth and Sheikh Yūsuf al-Qaraḍāwī, a well-known legal scholar in the contemporary Muslim Sunni world. In addition to analyzing the substantial claims made by one party against the other one, the essay focuses on the rhetorical devices used by both parties. It analyzes these devices in light of theories of Pragmatics in the field of discourse analysis, with special attention to the dist…
Debates on the Diya (Blood Money): Contemporary Juristic Discourse and Women’s Rights
The present study focuses on a fatwa issued in 2005 by Yūsuf al-Qaraḍāwī. Unlike the predominant opinion of all law schools that the female’s diya is half that of a male’s, al-Qaraḍāwī argues that it is equal to that of a male’s. I claim that the encounter between the Modern-Salafi juristic methodology, applied by al-Qaraḍāwī, and the Traditional-Salafi methodology, applied by those who opposed his fatwa, captures in a nutshell the main features …
Tale of Two Stories: Customary Marriage and Paternity. A Discourse Analysis of a Scandal in Egypt. By Bjorn Bentlage
A Tale of Two Stories: Customary Marriage and Paternity. A Discourse Analysis of a Scandal in Egypt. By Björn Bentlage. Islamkundliche Untersuchungen, vol. 333. Berlin: Klaus Schwarz, 2017. Pp. 337. €49.80
Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas
Subsequent to the crystallization of the legal schools, Muslim jurists felt the need to consolidate the massive corpus of legal opinion in order to aid students and practitioners of the law. The result was legal maxims (qawāʿid fiqhiyya), concise theoretical statements that captured the objectives of the Sharia. An example is al-ḍarar yuzāl ("Harm must be removed"), which is based on the hadith lā ḍarar wa-lā ḍirār. This article analyzes the role…
In MemoriamAharon Layish (1933–2022)
Islamic Studies and History (20 works) · Law (18 works) · Political science (18 works) · Sociology (12 works) · History (10 works) · Law (10 works) · Marriage and Sexual Relationships (10 works) · Multiculturalism, Politics, Migration, Gender (10 works) · Philosophy (10 works) · Islam (9 works)