Norbert Oberauer
Dados Biográficos
| ID | 6012008 |
|---|---|
| NOME | Norbert Oberauer |
| PRENOMES | Norbert |
| SOBRENOME | Oberauer |
| ASSINATURA | OBERAUER N |
| AFILIAÇÕES | Institute for Arabic and Islamic Studies, University of Münster, Münster, Germany, [email protected] |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 8 |
| TOTAL DE CITAÇÕES | 12 |
| OBRAS COMO AUTOR | 7 |
| OBRAS COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2008 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 2 |
Müller, Christian, Recht und historische Entwicklung der Scharia im Islam
Article Müller, Christian, Recht und historische Entwicklung der Scharia im Islam was published on June 1, 2025 in the journal Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung (volume 142, issue 1)
Applied Legal Hermeneutics in 18th-Century Fes
The present study is an analysis of a treatise ( risāla ) by the 18th-century Mālikī al-Tāwudī in which he discusses a doctrinal detail regarding bayʿ al-thunyā , a common stratagem to circumvent the prohibition of interest. I use al-Tāwudī’s text as a lens to reconstruct the hermeneutical perspective of a Muslim jurist of the late premodern era. In the first section, I show that al-Tāwudī’s legal reasoning is strongly informed by the legacy of M…
Canonization in Islamic Law
The present study analyzes processes of canonization in Islamic law, with a focus on the Shāfiʿī madhhab . I argue that the formation of schools of law may be described as the emergence of distinct networks of intertextual references. This intertextuality – which is manifest inter alia in the choice of commentary and abridgement as key literary genres – transformed legal insight into a collective project centered on a common textual tradition. Wh…
The Function of Documents in Islamic Court Procedure
The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ -literature, I draw on shurūṭ manuals, fatwā s and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written…
Money in Classical Islam
The present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs . The market was much more complex. A wide range of coins o…
Was vom Wucher übrig bleibt
Das Persönlichkeitsideal hat sich durch die Massenkommunikation bereits im 20. Jahrhundert verändert. In der Rechtsordnung wurden entsprechende Konzepte des Persönlichkeitsschutzes entwickelt. Durch das Word Wide Web sind neue, netzbezogene Phänomene und Bedrohungen entstanden. Die im Zeitalter der (analogen) Massenmedien gebildeten Paradigmen des Persönlichkeitsschutzes sind daher auf ihre Netztauglichkeit zu überprüfen.
Early Doctrines on Waqf Revisited
This study examines the early development of waqf doctrine. Based on sources from the 2nd century AH, I argue that the institution of waqf emerged from a fusion of two earlier institutions: (1) the ḥabs fī sabīl Allāh, a permanent endowment for pious purposes that probably originated in voluntary contributions to jihād; and (2) the ḥabs in favor of persons, originally a life estate, which probably had its roots in an earlier institution called ʿu…
Fantastic Charities
The present study examines the impact of British colonial rule on waqf practice in Zanzibar. I argue that colonial policy towards waqf did not aim at the dismantlement of waqf as such. Nonetheless, it disrupted traditional patterns of waqf practice. Traditionally, waqf was controlled by wealthy patron families who used endowments to foster bonds of dependence and loyalty with manifold clientele and to maintain mosques representing the patron's so…
Fantastic Charities
The present study examines the impact of British colonial rule on waqf practice in Zanzibar. I argue that colonial policy towards waqf did not aim at the dismantlement of waqf as such. Nonetheless, it disrupted traditional patterns of waqf practice. Traditionally, waqf was controlled by wealthy patron families who used endowments to foster bonds of dependence and loyalty with manifold clientele and to maintain mosques representing the patron's so…
Early Doctrines on Waqf Revisited
This study examines the early development of waqf doctrine. Based on sources from the 2nd century AH, I argue that the institution of waqf emerged from a fusion of two earlier institutions: (1) the ḥabs fī sabīl Allāh, a permanent endowment for pious purposes that probably originated in voluntary contributions to jihād; and (2) the ḥabs in favor of persons, originally a life estate, which probably had its roots in an earlier institution called ʿu…
Applied Legal Hermeneutics in 18th-Century Fes
The present study is an analysis of a treatise ( risāla ) by the 18th-century Mālikī al-Tāwudī in which he discusses a doctrinal detail regarding bayʿ al-thunyā , a common stratagem to circumvent the prohibition of interest. I use al-Tāwudī’s text as a lens to reconstruct the hermeneutical perspective of a Muslim jurist of the late premodern era. In the first section, I show that al-Tāwudī’s legal reasoning is strongly informed by the legacy of M…
Fantastic Charities
The present study examines the impact of British colonial rule on waqf practice in Zanzibar. I argue that colonial policy towards waqf did not aim at the dismantlement of waqf as such. Nonetheless, it disrupted traditional patterns of waqf practice. Traditionally, waqf was controlled by wealthy patron families who used endowments to foster bonds of dependence and loyalty with manifold clientele and to maintain mosques representing the patron's so…
Was vom Wucher übrig bleibt
Das Persönlichkeitsideal hat sich durch die Massenkommunikation bereits im 20. Jahrhundert verändert. In der Rechtsordnung wurden entsprechende Konzepte des Persönlichkeitsschutzes entwickelt. Durch das Word Wide Web sind neue, netzbezogene Phänomene und Bedrohungen entstanden. Die im Zeitalter der (analogen) Massenmedien gebildeten Paradigmen des Persönlichkeitsschutzes sind daher auf ihre Netztauglichkeit zu überprüfen.
Early Doctrines on Waqf Revisited
This study examines the early development of waqf doctrine. Based on sources from the 2nd century AH, I argue that the institution of waqf emerged from a fusion of two earlier institutions: (1) the ḥabs fī sabīl Allāh, a permanent endowment for pious purposes that probably originated in voluntary contributions to jihād; and (2) the ḥabs in favor of persons, originally a life estate, which probably had its roots in an earlier institution called ʿu…
Money in Classical Islam
The present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs . The market was much more complex. A wide range of coins o…
The Function of Documents in Islamic Court Procedure
The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ -literature, I draw on shurūṭ manuals, fatwā s and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written…
Canonization in Islamic Law
The present study analyzes processes of canonization in Islamic law, with a focus on the Shāfiʿī madhhab . I argue that the formation of schools of law may be described as the emergence of distinct networks of intertextual references. This intertextuality – which is manifest inter alia in the choice of commentary and abridgement as key literary genres – transformed legal insight into a collective project centered on a common textual tradition. Wh…
Applied Legal Hermeneutics in 18th-Century Fes
The present study is an analysis of a treatise ( risāla ) by the 18th-century Mālikī al-Tāwudī in which he discusses a doctrinal detail regarding bayʿ al-thunyā , a common stratagem to circumvent the prohibition of interest. I use al-Tāwudī’s text as a lens to reconstruct the hermeneutical perspective of a Muslim jurist of the late premodern era. In the first section, I show that al-Tāwudī’s legal reasoning is strongly informed by the legacy of M…
Müller, Christian, Recht und historische Entwicklung der Scharia im Islam
Article Müller, Christian, Recht und historische Entwicklung der Scharia im Islam was published on June 1, 2025 in the journal Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung (volume 142, issue 1)
Islamic Studies and History (7 obras) · Islam (6 obras) · Philosophy (6 obras) · Political science (6 obras) · Theology (6 obras) · Law (5 obras) · Law (5 obras) · Philosophy (5 obras) · Sociology (5 obras) · Islamic Finance and Banking Studies (4 obras)