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By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.
Dr. Anver M. Emon is Professor and Canada Research Chair in Religion, Pluralism and the Rule of Law at the University of Toronto.
Introduction: Islamic and Jewish Legal Reasoning—Beginnings(Anver M. Emon and Robert Gibbs)On Reading TogetherFormation of a Reading PracticeFrom Reading Together to Writing Together PART I1 Assuming Power: Judges, Imagined Authority, and the Quotidian(Rumee Ahmed and Aryeh Cohen)IntroductionRumee AhmedAryeh CohenRumee AhmedAryeh Cohen: CodaConclusion 2 Guardianship of Women in Islamic and Jewish Legal Texts(Rachel Adler and Ayesha S. Chaudhry)IntroductionReading an Islamic Legal Text TogetherReading a Jewish Legal Text TogetherFurther Reflections: Rachel AdlerComparative Reflections: Ayesha S. ChaudhryConclusion 3 The Cowering Calf and the Thirsty Dog: Narrating and Legislating Kindness to Animals in Jewish and Islamic Texts(Beth Berkowitz and Marion Katz)IntroductionDialogue 1: Legal Obligations toward AnimalsDialogue 2: Compassion toward AnimalsConclusion 4 Policing Women: Virginity Checkers and the Sotah Ordeal as Sites of Women’s Agency(Ayesha S. Chaudhry and Shari Golberg)Women Policing Women: From Montreal to JerusalemThe Hidaya: Testimony in Cases of ZinaMishnah Sotah: Testimony in the Case of Suspected AdulteryThe Adulteress vs. the AdultererConclusion 5 Sovereignty, Law, and the Pedagogy of Historical Fantasy: On the Halakha on the Laws of War and the Fiqh on Dhimmis(Arye Edrei and Anver M. Emon)IntroductionEarly Rabbinic and Islamic Legal TrajectoriesInverting the Political FormConclusion PART II6 Cross-Textual Reflections on Tradition, Reason, and Authority (Adam B. Seligman)Introduction: Tradition and ReasonTradition and DialogueAuthority and Religion 7 The Social Life of Reason(Robert Gibbs)A Philosophical FrameworkPhilosophical Questions List of ContributorsIndex
‘A revelatory exploration of faith traditions in deep dialogue with one another. Islamic and Jewish Legal Reasoning offers a model of reciprocal conversation at a time when it is too often in short supply.’
