Islamic and Jewish Legal Reasoning: Encountering Our Legal Other PDF
Preview Islamic and Jewish Legal Reasoning: Encountering Our Legal Other
More praise for Islamic and Jewish Legal Reasoning ‘Islamic and Jewish Legal Reasoning is a series of thoughtful scholarly essays in which recognition of differences becomes the starting point for mutual understanding. The essays introduce the reader to pairs of outstanding scholars who reflect together on legal questions regarding animals, sovereignty, the status of women, and other issues. Their con- versations provide a wealth of detail on these two important traditions, and they remind us again that to know our own law and culture, we must first understand the questions others raise about them.’ robin W. Lovin, William H. Scheide Senior Fellow in Theology, Center of Theological Inquiry, Princeton ‘Islamic and Jewish Legal Reasoning is daring and innovative. The book is a conversation among scholars of law and religion in these two great traditions, based on intensive collective readings of and reflections on each other’s key texts, specifically concerning the role of reason and authority in determining law. The result is a fascinating and highly readable account of this dialogue.’ Ziba Mir-Hosseini, SOAS, University of London ‘Designed for the non-specialist, this fascinating book invites the reader to listen in on a conversation about law, Jewish law and Islamic law, among distinguished scholars thinking about modern questions—the nature of law and judicial authority, the status of women, animal rights, and sovereignty—with ancient and medieval texts. It is a deeply serious book which models an informed and open dialogue about consequential matters rather than providing packaged pieties.’ Winnifred faLLers suLLivan, Chair, Department of Religious Studies, Indiana University Bloomington Islamic and Jewish Legal Reasoning —Encountering Our Legal Other— Edited by anver M. eMon O N EW O R LD A Oneworld Book First published by Oneworld Publications 2016 This ebook published by Oneworld Publications 2016 Copyright © Anver Emon 2016 All rights reserved Copyright under Berne Convention A CIP record for this title is available from the British Library ISBN 978-1-78074-880-1 eISBN 978-1-78074-881-8 Typeset by Tetragon, London Oneworld Publications 10 Bloomsbury Street London WC1b 3sr England Contents Acknowledgments ix Introduction: Islamic and Jewish Legal Reasoning—Beginnings xi Anver M. EMon and Robert Gibbs On Reading Together xi Formation of a Reading Practice xviii From Reading Together to Writing Together xxi PART I 1. Assuming Power: Judges, Imagined Authority, and the Quotidian 3 RuMee AHMed and AryeH CoHen Introduction 3 Rumee Ahmed 5 Aryeh Cohen 14 Rumee Ahmed 19 Aryeh Cohen: Coda 22 Conclusion 23 2. Guardianship of Women in Islamic and Jewish Legal Texts 25 RaCHeL AdLer and AyesHa S. CHaudHry Introduction 25 Reading an Islamic Legal Text Together 29 Reading a Jewish Legal Text Together 39 Further Reflections: Rachel Adler 51 Comparative Reflections: Ayesha S. Chaudhry 54 Conclusion 55 3. The Cowering Calf and the Thirsty Dog: Narrating and Legislating Kindness to Animals in Jewish and Islamic Texts 61 BetH BerkoWitZ and Marion KatZ Introduction 61 Dialogue 1: Legal Obligations toward Animals 67 Dialogue 2: Compassion toward Animals 89 Conclusion 108 4. Policing Women: Virginity Checkers and the Sotah Ordeal as Sites of Women’s Agency 113 AyesHa S. CHaudHry and SHari GoLberg Women Policing Women: From Montreal to Jerusalem 113 The Hidaya: Testimony in Cases of Zina 121 Mishnah Sotah: Testimony in the Case of Suspected Adultery 128 The Adulteress vs. the Adulterer 151 Conclusion 152 5. Sovereignty, Law, and the Pedagogy of Historical Fantasy: On the Halakha on the Laws of War and the Fiqh on Dhimmis 155 Arye Edrei and Anver M. EMon Introduction 155 Early Rabbinic and Islamic Legal Trajectories 162 Inverting the Political Form 188 Conclusion 212 PART II 6. Cross-Textual Reflections on Tradition, Reason, and Authority 219 AdaM B. SeLigMan Introduction: Tradition and Reason 219 Tradition and Dialogue 222 Authority and Religion 230 7. The Social Life of Reason 237 Robert Gibbs A Philosophical Framework 240 Philosophical Questions 246 List of Contributors 259 Index 265
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