Early Maliki Law
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Author | : Jonathan Brockopp |
Publisher | : BRILL |
Total Pages | : 334 |
Release | : 2021-11-08 |
Genre | : Law |
ISBN | : 9004492054 |
This study presents the first biography of ‘Abd Allāh b. ‘Abd al-ḥakam (d. 214/829), an important figure in the nascent Mālikī school, and introduces his compendium of law. The subject of the Arabic text is the law of slavery, and two chapters examine early Mālikī slave law in the context of other Near Eastern legal codes. The narrow focus on Ibn ‘Abd al-ḥakam and his Compendium is used to refine the distinction between "organic" and "fixed" editions of early legal texts, and also to argue that these texts can be used to reconstruct the thought of even earlier figures, such as Mālik B. Anas (d. 179/795). Early Mālikī Law should be of value to legal historians, scholars of religion and all those working in the developing field of Slave Studies. The valuable conclusions arising from this study of a single legal text indicate the importance of continued analysis of these early documents, both the few that have been published and the many which remain unexplored in manuscript collections.
Author | : Jonathan Eugene Brockopp |
Publisher | : |
Total Pages | : 242 |
Release | : 1995 |
Genre | : Slavery (Islamic law) |
ISBN | : |
Author | : Kecia Ali |
Publisher | : Harvard University Press |
Total Pages | : 273 |
Release | : 2010-10-30 |
Genre | : Religion |
ISBN | : 0674050592 |
A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.
Author | : Jonathan E. Brockopp |
Publisher | : BRILL |
Total Pages | : 346 |
Release | : 2000-01-01 |
Genre | : Law |
ISBN | : 9789004116283 |
This study of a little known ninth-century legal scholar has important implications for the history of Islamic law and for early Arabic writing in general. The chapters on slave law break new ground and offer concrete examples for tracing the development of early Islamic jurisprudence.
Author | : Agostino Cilardo |
Publisher | : Bloomsbury Publishing |
Total Pages | : 209 |
Release | : 2012-03-12 |
Genre | : History |
ISBN | : 1786734605 |
Researchers have shed light on the literary production of the Ismailis since the early 1930s. The cataloguing of these work has been carried out by Ivanow, Fyzee, Goriawala, Poonawala, Gacek, Cortese and de Bloise. Many works attributable to Ismaili scholars, however, are still unavailable either because they remain hidden in private collections or because they have not survived. Ismaili law, in particular, is still a largely unexplored field of study. Al-Qadi Abu Hanifa al-Nu'man is generally considered the founder and greatest exponent of Ismaili jurisprudence, Many of his works have been lost, and information on some others is scattered; yet other works remain in manuscript form, and only a few have been published. The present book is a critical edition and translation of al-Nu'man's Minhaj al-fara'id, based on its three known copies. It deals with the law of inheritance, one of the most complex in Islamic law. In comparing the Minhaj with two published works (the Da'a'im al-Islam and Kitab al-iqtisar) as well as a manuscript (Mukhtasar al-athar) of al-Nu'man, a significant doctrinal evolution clearly emerges, reflecting his early Maliki training and then his work under four Fatimid imams. Ismaili law is also compared with the doctrines of the Imami school as well as the legal system of the four Sunni schools. This book thus allows us to determine the time of the composition of the Minhaj al-fara id, the development and the originality of Ismaili jurisprudence, and its relation to other schools of law.
Author | : Yasin Dutton |
Publisher | : Routledge |
Total Pages | : 280 |
Release | : 2013-09-05 |
Genre | : Social Science |
ISBN | : 1136110666 |
If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Author | : Noel Coulson |
Publisher | : Edinburgh University Press |
Total Pages | : 280 |
Release | : 2014-03-11 |
Genre | : Law |
ISBN | : 0748696490 |
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author | : Ahmed Fekry Ibrahim |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2018-08-09 |
Genre | : History |
ISBN | : 1108470564 |
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Author | : Umar F. Abd-Allah |
Publisher | : BRILL |
Total Pages | : 566 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 9004247882 |
This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa’ and Mudawwana. Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion (ra’y), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a “four-source” (Qurʾān, sunna, consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law (madhāhib) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
Author | : Ahmed El Shamsy |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2013-10-21 |
Genre | : History |
ISBN | : 1107041481 |
Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.