The Maliki School of Law

The Maliki School of Law
Author: Mansour Hasan Mansour
Publisher:
Total Pages: 220
Release: 1995
Genre: Islamic law
ISBN:

This unique contribution to legal scholarship will be of particular interest to teachers and students of African and Islamic Studies. Containing valuable insights on the Muslim world, The Maliki School of Law also provides a compelling introduction to the Muslim world of the Maghreb and West Africa.

Early Mālikī Law

Early Mālikī Law
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.

Mâliki Law

Mâliki Law
Author: Khalīl ibn Isḥāq al-Jundī
Publisher:
Total Pages: 442
Release: 1916
Genre: Islamic law
ISBN:

Mālik and Medina

Mālik and Medina
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.

The Origins of Islamic Law

The Origins of Islamic 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.

Perspectives on Islamic Law, Justice, and Society

Perspectives on Islamic Law, Justice, and Society
Author: Ravindra S. Khare
Publisher: Rowman & Littlefield
Total Pages: 236
Release: 1999
Genre: History
ISBN: 9780847694044

This book provides an accessible introductory discussion of issues in Islamic law, justice, and society. At the center of the volume is a discussion of some interrelated theological, historical, legal, and practical issues facing Islamic law in such different countries and regions as Algeria, Morocco, South Africa, and South Asia. This will be a valuable book for students and scholars of Middle Eastern studies, law, and history.

The Reconciliation of the Fundamentals of Islamic Law

The Reconciliation of the Fundamentals of Islamic Law
Author: Ibrāhīm ibn Mūsá Shāṭibī
Publisher: UWA Publishing
Total Pages: 324
Release: 2012-05
Genre: Islamic law
ISBN: 9781859642689

First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law was an innovation in Islamic jurisprudence.

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
Author: Shihab al‑Din al‑Qarafi
Publisher: Yale University Press
Total Pages: 353
Release: 2017-05-23
Genre: Law
ISBN: 0300227566

The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.