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islamic jurisprudence lecture 5 [da75099b]

Tags: islamic jurisprudence

  • Setup: how does capitalism break apart society and how does it move within anthropology
  • Focuses on how capitalism does play a role in subjectivities
  • shariah-compliance arguments for Hiyla and darurat
  • reducing the islamic economics to fiqh, there's a richer selection of discourse and institutions that might've been in play during the colonial period
  • relationship to contract law?

  • mughal empire and pre-modern islamic contract law? what did we try to learn from pre-modern normative texts?

    • what is islamically right?
    • what is enforcable as a contract?

  • ghazali writes about contracts

    • coercive gift -> you've gotten a gift because you've shamed him, you must give it back

      • if you're a judge this is okay

  • fiqh -> how much does this circumscribe the laws?

    • alternatively, what makes a thing shari'a
  • modern things on trial

  • shift to silk as a cash crop leading to peasant indebtedness

    • unlimited entilement of the creditor to seize assets

      • a feature of european law