Studies In Islamic Legal Theory
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Author | : Bernard G. Weiss |
Publisher | : BRILL |
Total Pages | : 488 |
Release | : 2002 |
Genre | : Religion |
ISBN | : 9789004120662 |
This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
Author | : Joseph Edmund Lowry |
Publisher | : BRILL |
Total Pages | : 460 |
Release | : 2007 |
Genre | : Religion |
ISBN | : 9004163603 |
This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.
Author | : Ayman Shabana |
Publisher | : Springer |
Total Pages | : 272 |
Release | : 2010-11-14 |
Genre | : Religion |
ISBN | : 0230117341 |
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Author | : Rumee Ahmed |
Publisher | : OUP Oxford |
Total Pages | : 192 |
Release | : 2012-03-15 |
Genre | : Religion |
ISBN | : 0199640173 |
In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.
Author | : Mashood A. Baderin |
Publisher | : Routledge |
Total Pages | : 376 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351925903 |
Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Author | : al-Qāḍī al-Nuʿmān |
Publisher | : NYU Press |
Total Pages | : 446 |
Release | : 2015-01-19 |
Genre | : Religion |
ISBN | : 0814771424 |
A masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.
Author | : Aron Zysow |
Publisher | : Lockwood Press |
Total Pages | : 361 |
Release | : 2014-06-23 |
Genre | : Religion |
ISBN | : 1937040275 |
Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.
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 | : Aria Nakissa |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2019-04-05 |
Genre | : Law |
ISBN | : 0190932899 |
The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.
Author | : Colin Imber |
Publisher | : Edinburgh University Press |
Total Pages | : 303 |
Release | : 2019-07-31 |
Genre | : Religion |
ISBN | : 1474469442 |
The Jurist Ebu's-su`ud (c1490-1574) occupies a key position in the history of Islamic Law. He was a scholar who, for forty years, occupied successfully the senior judicial positions in the Ottoman Empire. Confronting the problem of reconciling classical Islamic jurisprudence with the day-to-day legal needs of an empire, he earned an enduring reputation as the jurist who harmonised the Holy Law of Islam with secular practice. The book examines the substance of this reputation by showing, through Ebu's-su`ud's writings, how he adapted classical Islamic legal doctrine to contemporary needs.