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The Resource Sharī{u02BF}a and the Islamic State in 19th-Century Sudan : The Mahdī's Legal Methodology and Doctrine

Sharī{u02BF}a and the Islamic State in 19th-Century Sudan : The Mahdī's Legal Methodology and Doctrine

Sharī{u02BF}a and the Islamic State in 19th-Century Sudan : The Mahdī's Legal Methodology and Doctrine
Sharī{u02BF}a and the Islamic State in 19th-Century Sudan
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The Mahdī's Legal Methodology and Doctrine
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Islam in Africa Ser.
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Sharī{u02BF}a and the Islamic State in 19th-Century Sudan : The Mahdī's Legal Methodology and Doctrine
Sharī{u02BF}a and the Islamic State in 19th-Century Sudan : The Mahdī's Legal Methodology and Doctrine
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  • Contents -- Acknowledgments -- Introduction: The Mahdī's Documents as a Source of Legal History -- Chapter 1 The Mahdist State -- 1 Political Establishment -- 2 The Judiciary and Iftā{u02BE} -- 3 The {u02BF}Ulamā{u02BE} -- 4 The Ṣūfī Background -- Chapter 2 The Mahdī's Legal Methodology -- 1 Abolition of the Schools of Law -- 2 The Qur{u02BE}ān and the Sunna -- 3 Inspiration (ilhām) Derived from the Prophet and from God -- 4 Auxiliary Sources of Law: Public Interest (maṣlaḥa), Necessity (ḍarūra) -- 5 The Mahdī's Version of Ijtihād -- 6 The Impact of Ṣūfism on the Mahdī's Legal Methodology -- Chapter 3 The Mahdī's Legislation -- Introduction -- Part 1 Slaves -- 1. The Slave as Property and Person -- 2. Umm al-Walad Lost the Child by Her Master but Both She and the Children She Gave Birth to Fathered by Slaves Are Deemed Free in Her Master's Lifetime -- 3. A Female Slave, the Husband's Absence, Dissolution and Chastity -- 4. A Slave's Acknowledgment of Theft Is Admissible and Punishable -- 5. The Mahdī Buys Concubines and Obtains His Free Wives' Consent -- Part 2 Property -- 6. Validation of the Ottoman Land Category of Mīrī -- 7. The Mahdī Proclaims a Period of Prescription of Seven Years -- 8. Obtaining Ownership through an Uninterrupted Period of Prescription -- Part 3 Obligations and Contracts -- 9. Prohibition of Lease for Rent and Agrarian Reform -- 10. Tenancy Is Permissible if Proprietor Incapable of Cultivating Land -- 11. Pledge Is Not Permissible as a Device for Circumventing Prohibition of Interest, but the Pledgee/Creditor May Deduct Expenses from the Profits -- 12. Right of Preemption Reserved Only to the Partner, Not the Neighbor -- Part 4 Family -- 13. Marrying a Woman Promised to Another, Even after Consummation, Entails Dissolution and Discretionary Punishment
  • 14. Prohibition for Marriage on Grounds of Fosterage Applies to All the Issue of Consanguine Brothers by Virtue of the Literal Meaning of a Ḥadīth -- 15. Marrying a Woman against Her Will or a Woman Who Does Not Share "Spiritual Communion" Is neither Permissible nor Advisable -- 16. The Mahdī as the Supreme Qāḍī Delegates to a Woman the Power to Marry off Her Daughter -- 17. The Mahdī Prescribes Maximal Rates for Ṣadāq -- Deviation therefrom Entails Expropriation and Penal Sanctions -- 18. Marriage with a Fifth Wife, though Irregular, Remains Intact -- Instead, One of the Lawful Wives Is to Be Divorced -- 19. The Mahdī Offers Four Wives to the Great Grandson of Shaykh Aḥmad Al-Ṭayyib Al-Bashīr -- 20. The Mahdī Marries a Fifth Wife with the Prophet's Permission -- 21. Equality among Free Wives -- 22. The Mahdī's Co-Wives Opt for an Ascetic Life and the Hereafter as a Precondition for Marriage -- 23. Joining the Mahdiyya while Leaving Husband behind Is Not Deemed Disobedience -- 24. Coercive Measures to Enforce Obedience -- 25. Disobedient Wife Compelled to Renounce Rights in Divorce -- 26. A Woman's Marriage to Another Man before Establishing Her Divorce from Her Former Husband Entails Separation and Restoration to Her First Husband -- 27. Khul{u02BF} and Financial Liability Prior to the Mahdiyya -- 28. Wife's Right to Nuptial Gift Is Not Affected by Khul{u02BF} Agreement in the Event of the Wife's Emigration to Mahdist Territory while Leaving Her Husband Behind -- 29. Compulsory Khul{u02BF} of a Disobedient Wife though the Husband Is Advised to Renounce His Financial Rights -- 30. Enforced Khul{u02BF} Following Marriage against a Woman's Consent -- 31. Khul{u02BF} Does Not Count in the Quota for Intermediate Marriage -- 32. Taṭlīq of a Woman Married against Her Will -- 33. Dissolution on Grounds of Non-Provision of Maintenance by an Absent Husband
  • 34. Taṭlīq of the Wife of an Absent Husband -- 35. Taṭlīq on Grounds of Non-Provision of Maintenance -- 36. Rescission of Marriage on Grounds of Prejudice -- 37. Rescission of Marriage on Grounds of Difference of Religion -- 38. Termination of Marriage on Grounds of Difference of Religion and Rehabilitation by a New Marriage Contract -- 39. Duration of Waiting Period following Delay of Menstruation -- 40. A Separated Wife Who Has Not Completed One Menstrual Period May Be Restored to Her Husband without Concluding New Marriage Contract -- 41. Should an Emigrant Wife Observe the Waiting Period of a Free or a Slave Woman? -- 42. The Mahdī Reinstates His Triply Divorced Wife with No Intermediate Marriage, with the Prophet's Permission -- 43. Reinstating a Triply Divorced Wife with No Intermediate Marriage Entails Ḥadd Punishment -- 44. An Oath of Ḥarām or Oath of Continence without Explicitly Mentioning Repudiation Is Null and Void -- 45. An Oath of Ḥarām Is Not Binding unless God's Name Is Mentioned -- 46. Breaking an Oath of Divorce Entails Expiation -- 47. The Right to Custody, the Welfare of the Parents and the Best Interest of the Child -- Part 5 Inheritance and Wills -- 48. The Mahdī Offers the Widow of a Martyr the Entire Estate as Charity in a Gesture of Generosity -- 49. A Widow's Waiting-Period Maintenance Is Taken Out of the Estate before Its Division -- 50. Bequests in Favor of Legal Heirs -- Part 6 Homicide and Bodily Harm -- 51. Intentional Homicide in Turco-Egyptian Territories Entails Compulsory Retribution with No Option of Forgiveness -- 52. No Punishment for Killing Committed on Turkish Territory if Repentance Is Accepted by the State -- 53. Compensation for Bodily Injuries, Regardless of their Nature, on the Basis of Slaves' Price where Equivalence in Injury Is Impossible
  • 54. Warriors Causing Bloodshed to Muslim Civil Population Are Liable to Private Retaliation and State Sanctions -- Part 7 Ḥadd Offenses -- 55. Literal Interpretation and Application of Q. 5:38 -- 56. A Witness to Theft Failing to Report the Crime Is Liable to Amputation -- 57. Personal Liability for the Theft: No Collective Amputation of Hands -- 58. Stealing from Booty Is Tantamount to Disbelief and Apostasy -- 59. Theft from Booty Entails Excommunication and Capital Punishment -- 60. The Mahdī Forgives a Highway Robber Who Repents and Acknowledges Crime after Being Captured -- 61. Stoning for Muḥṣan, Lashes for Bikr and Discretionary Punishment for Entering into Privacy with a Stranger -- 62. Marrying Another Man during Waiting Period from Divorcing Husband Entails Lapidation -- 63. Hundred Lashes on Women Exposing Themselves to Men -- 64. A Woman Exposing Her Face or Speaking Aloud Is Liable to 27 Lashes -- 65. Kidnapping a Free Married Woman and Marrying Her Entails Imprisonment and Lashes -- 66. Sodomy Entails Decapitation by Sword -- 67. A Husband Sentenced Successively to Ḥadd Punishment for Qadhf and to Compulsory Retribution for Killing His Wife's Alleged Harasser -- 68. Consumption of Wine and Use of Tobacco Entails Ḥadd and Statutory Punishments -- 69. Apostasy in Fundamental Principles: Denial of the Mahdī's Mahdiship -- 70. Apostasy in Deeds: Withdrawal from Islam and Sharī{u02BF}a -- 71. Apostasy in Omission: Failure to Immigrate to Mahdist Territory -- 72. Punishments on Apostasy and Repentance -- Part 8 International Law -- 73. Expansive Definition of Fay{u02BE}: Property Surrendered by Infidels by Agreement to be Distributed According to Q. 59:7 -- 74. Property and Persons Acquired as Booty -- 75. Men, Women and Children as Booty -- 76. Division of Booty to Recipients -- 77. Compulsory Allocation of Booty to the Madhī's Kin and Companions
  • 78. Women Participating Physically in Jihād Fighting -- 79. The Mahdī Urges General Gordon either to Accept Amān or Embrace Islam -- 80. The Mahdī Invites the Governor of Egypt to Submit to Islam -- 81. A Dhimmī Staying behind in Turco-Egyptian Territory Given the Choice either to Convert to Islam or Be Proclaimed Ḥarbī -- 82. Redemption of "Infidel" Captives Converted to the Mahdiyya on Presumption of Good Faith -- Part 9 Alms Tax -- 83. The Alms Tax as a Ritual and a State Instrument for Social Justice -- 84. Niṣāb and Rates of Zakāt -- 85. Recipients of Zakāt -- Part 10 Public Morality -- 86. "Governor of the Market" as Public Prosecutor -- 87. Appointment of Arbitrators to Consolidate the Mahdiyya and Enhance Public Morality in Light of "Commending Right and Forbidding Wrong" -- 88. A Catalogue of Statutory Punishments on Moral Offenses -- 89. Negative Innovations Entail Discretionary Punishments -- Part 11 Testimony -- 90. A False Witness Is Liable either to Be Decapitated or Have His Property Taken Away or His Hand Amputated -- Conclusion -- Bibliography -- Glossary -- General Index
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