This book groups essays which represent the most advanced scholarship on public law in the world of Islam. Whilst the studies cover a wide historical and geographical soan, ranging from early views in classical Islamic texts to the latest decisions of the Egyptian Supreme Constitutional Court, the importance of Public law in the current debate, within Islamic legal and cultural context, constitutes the thread running through the work. Key issues such as shura (consultation), bay'a (choice or election of rulers), the significance of the shari'a (Islamic law), the structure and role of the courts and of the muftis, the rule of find extensive treatment in studies based on first-hand information by judges, scholars and practitioners.
Chibly Mallat is Lecturer in Islamic Law at the School of Oriental and African Studies, London, and since October 1992, the director of the Centre for Islamic and Middle Eastern Law (CIMEL) at SOAS. Dr. Mallat is specialist in Islamic law in the contemporary Middle East; he has written and has aloso advised law firms and governments on the Middle East Law and several related topics. He has edited Islamic Law and Finance (Graham and Trotman, 1988), Islamic Family Law (Graham and Trotman, 1990), and is the author of The Renewal of Islamic Law (forthcoming). He is presently working on an Introduction to Middle East Law.
Part I -- Classical Perspectives. Consultation and the Political Process in the Islamic Middle East of the 9th, 10th and 11th Centuries. Legal Literature and the Problem of Change: the Case of the Land Rent. The Formation of the Contemporary Nexus of Islam and Public Law: the Case of Egypt. Appellate Review and Judical Independence in Islamic Law. the Law of the Mufti: Evidence from 15th Century Morocco. Part II -- Contemporary Dimensions. The Role of 'urf in shaping the Traditional Islamic City. Islamic Law and State Legislation on Religious Conversion in India. Islam and Public Law in Malaysia: Some Reflections in the Aftermath of Susie Teoh's Case. Majlis al-Dawla : the Administrative Courts of Egypt and Administrative Law. The Jurisprudence of the Egyptian Supreme Constitutional Court. Contemporary Reinterpretations of Islamic Law.