The Formation Of Islamic Law
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Author | : Wael B. Hallaq |
Publisher | : Routledge |
Total Pages | : 458 |
Release | : 2016-12-05 |
Genre | : History |
ISBN | : 1351889540 |
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
Author | : Guy Burak |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2015-01-12 |
Genre | : History |
ISBN | : 110709027X |
The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.
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 | : Bernard G. Weiss |
Publisher | : University of Georgia Press |
Total Pages | : 233 |
Release | : 2006 |
Genre | : Law |
ISBN | : 0820328278 |
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Author | : Christopher Melchert |
Publisher | : BRILL |
Total Pages | : 282 |
Release | : 1997 |
Genre | : Religion |
ISBN | : 9789004109520 |
Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.
Author | : Intisar A. Rabb |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2015 |
Genre | : History |
ISBN | : 1107080991 |
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Author | : David R. Vishanoff |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Literary Criticism |
ISBN | : 9780940490314 |
This book is the first historical analysis of those parts of Islamic legal theory that deal with the language of revelation, and a milestone in reconstructing the missing history of legal theory in the ninth and tenth centuries. It offers a fresh interpretation of al-Shafii's seminal thought, and traces the development of four different responses to his hermeneutic, culminating in the works of Ibn Hazm, Abd al-Jabbar, al-Baqillani, and Abu Yala Ibn al-Farra. It reveals startling connections between rationalism and literalism, and documents how the remarkable diversity that characterized even traditionalist schools of law was eclipsed in the fifth/eleventh century by a pragmatic hermeneutic that gave jurists the interpretive power and flexibility they needed to claim revealed status for their legal doctrines. More than a detailed and richly documented history, this book opens new avenues for the comparative study of legal and hermeneutical theories, and offers new insights into unstated premises that shape and restrict Muslim legal discourse today. The book is of interest to all occupied with classical Islam, the development of Islamic law, and comparative hermeneutical research.
Author | : Iza R. Hussin |
Publisher | : University of Chicago Press |
Total Pages | : 360 |
Release | : 2016-03-31 |
Genre | : Law |
ISBN | : 022632348X |
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author | : Wael B. Hallaq |
Publisher | : Cambridge University Press |
Total Pages | : 308 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780521599863 |
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Author | : Lena Salaymeh |
Publisher | : Cambridge University Press |
Total Pages | : 257 |
Release | : 2016-11-14 |
Genre | : History |
ISBN | : 1107133025 |
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.