Books on the legal tradition of islam?

by Suskert

Hello! Recently my interest has been piqued by Islam's legal code and how it effects Islamic governments that identify as islamic. I was wondering if any of you well read people have book recommendations on sharia's implementation in government and how it is laid out in the Qur'an. Thanks!

frogbrooks

Hey!

My first recommendation on this subject is always Sharī'a: Theory, Practice, Transformations by Wael Hallaq. It is expensive and long, but it also is one of the best books I've come across to trace the evolution of Shari'a and its implementation. Alternatively, a cheaper and shorter alternative is Hallaq's book The Origins and Evolution of Islamic Law. One final plug of Hallaq is The Formation of Islamic Law, which acts as more of a survey on Islamic law. For example, it includes work by Joseph Schacht, formative in the Western field of study on Islamic law but also the subject of more recent criticism.

I'm currently reading The Canonization of Islamic Law: A Social and Intellectual History by Ahmed El Shamsy. It focuses more on the Shafi'i school of jurisprudence, but so far I've found it a interesting take on the social conditions that led to Shari'a becoming more reliant on the Qur'an and Hadith than previous communal practice.

Other possibilities include Between God and the Sultan: A History of Islamic Law by Knut Vikør (although full disclosure, it's been a while and I haven't read this in its entirety) and State, Society, and Law in Islam: Ottoman Law in Comparative Perspective by Haim Gerber. This last focuses on the 1600s - 1700s Ottoman Empire, whereas most of the others focus on early development, and so could provide a fun foray into how more 'modern' empires dealt with the established schools of jurisprudence.

Hope this helps!