Legal Authority in Premodern Islam

Legal Authority in Premodern Islam
Author: Fachrizal A. Halim
Publisher: Culture and Civilization in the Middle East
Total Pages: 132
Release: 2019-12-12
Genre:
ISBN: 9780367869229

"This book presents a comprehensive picture of the structure of authority in Islamic law. It does this specifically within the Shafi'ite legal tradition and the novel aspects of al-Nawawi's legacy and contributions"--

Legal Authority in Premodern Islam

Legal Authority in Premodern Islam
Author: Fachrizal A. Halim
Publisher: Routledge
Total Pages: 182
Release: 2014-11-20
Genre: Religion
ISBN: 1317749170

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.

Legal Authority in Premodern Islam

Legal Authority in Premodern Islam
Author: Fachrizal A. Halim
Publisher: Routledge
Total Pages: 151
Release: 2014-11-20
Genre: Religion
ISBN: 1317749189

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.

Origin and Development of Islamic Law

Origin and Development of Islamic Law
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 416
Release: 2008
Genre: Islamic law
ISBN: 1584778644

The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.

Rebellion and Violence in Islamic Law

Rebellion and Violence in Islamic Law
Author: Khaled Abou El Fadl
Publisher: Cambridge University Press
Total Pages: 405
Release: 2001-11-01
Genre: Law
ISBN: 1107320143

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.

Routledge Handbook of Islamic Law

Routledge Handbook of Islamic Law
Author: Khaled Abou El Fadl
Publisher: Routledge
Total Pages: 450
Release: 2019-05-10
Genre: Religion
ISBN: 1317622448

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Sharī'a

Sharī'a
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Total Pages: 625
Release: 2009-04-16
Genre: History
ISBN: 1107394120

In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

Islamic Natural Law Theories

Islamic Natural Law Theories
Author: Anver M. Emon
Publisher: Oxford University Press
Total Pages: 238
Release: 2010-04-08
Genre: Law
ISBN: 0199579008

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.

Intent in Islamic Law

Intent in Islamic Law
Author: Paul Powers
Publisher: BRILL
Total Pages: 248
Release: 2005-12-01
Genre: Law
ISBN: 9047416740

This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari’a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.

The Legal Thought of Jalāl Al-Din Al-Suyūṭī

The Legal Thought of Jalāl Al-Din Al-Suyūṭī
Author: Rebecca Skreslet Hernandez
Publisher: Oxford University Press
Total Pages: 257
Release: 2017
Genre: History
ISBN: 0198805934

This book looks at the thought of a key figure in Islamic history from the vantage point of different forms of authority. In addition to providing detailed textual analysis of al-Suyuti's legal writing in its historical context, the study also connects the pre-modern figure to contemporary debates in post-2011 Egypt.