islamic jurisprudence lecture 5

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