Authority Continuity And Change In Islamic Law
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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 | : 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 | : 250 |
Release | : 2005 |
Genre | : History |
ISBN | : 0521803322 |
The history of Islamic law from pre-Islamic times across three centuries.
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 | : Anver M. Emon |
Publisher | : |
Total Pages | : 1009 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0199679010 |
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Author | : Masooda Bano |
Publisher | : Edinburgh University Press |
Total Pages | : 272 |
Release | : 2018-03-07 |
Genre | : Religion |
ISBN | : 1474433243 |
Explores the interconnected creative partnerships of the Wattses and De Morgans - Victorian artists, writers and suffragists
Author | : Shaheen Sardar Ali |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2016-10-06 |
Genre | : Law |
ISBN | : 1107033381 |
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Author | : Knut S. Vikør |
Publisher | : Oxford University Press, USA |
Total Pages | : 406 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780195223989 |
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author | : Nesrine Badawi |
Publisher | : BRILL |
Total Pages | : 281 |
Release | : 2019-10-01 |
Genre | : History |
ISBN | : 9004410627 |
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.