A Continuity Of Sharia
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Author | : Wael B. Hallaq |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2001-07-02 |
Genre | : Law |
ISBN | : 0521803314 |
Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.
Author | : Rainer Grote |
Publisher | : Oxford University Press, USA |
Total Pages | : 755 |
Release | : 2012-02-16 |
Genre | : History |
ISBN | : 019975988X |
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Author | : Wael B. Hallaq |
Publisher | : Columbia University Press |
Total Pages | : 273 |
Release | : 2012-11-20 |
Genre | : Political Science |
ISBN | : 0231530862 |
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.
Author | : Wael B. Hallaq |
Publisher | : Cambridge University Press |
Total Pages | : 209 |
Release | : 2009-07-09 |
Genre | : Law |
ISBN | : 1139489305 |
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
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 | : 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 | : Hilary Lim |
Publisher | : Zed Books Ltd. |
Total Pages | : 247 |
Release | : 2013-07-18 |
Genre | : Law |
ISBN | : 1848137206 |
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author | : Ahmet T. Kuru |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2019-08 |
Genre | : History |
ISBN | : 1108419097 |
Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.
Author | : Olivier Roy |
Publisher | : Harvard University Press |
Total Pages | : 264 |
Release | : 1994 |
Genre | : History |
ISBN | : 9780674291416 |
This powerful argument reassess radical Islam and the set of ideas and assumptions at its core. Olivier Roy offers a challenging and highly original view that no-one trying to understand Islamic fundamentalism can afford to overlook.
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.