Der Istihsan Im Islamischen Recht Eine Methode Der Rechtsfindung Und Ihre Zeitgen Ssische Bedeutung
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Der Istihsan Im Islamischen Recht Eine Methode Der Rechtsfindung Und Ihre Zeitgen Ssische Bedeutung
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Author : Mustafa Aydin
language : de
Publisher: GRIN Verlag
Release Date : 2021-06-08
Der Istihsan Im Islamischen Recht Eine Methode Der Rechtsfindung Und Ihre Zeitgen Ssische Bedeutung written by Mustafa Aydin and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-08 with Religion categories.
Bachelorarbeit aus dem Jahr 2018 im Fachbereich Theologie - Islamische Religionswissenschaft, Universität Osnabrück (Institut für islamische Theologie), Sprache: Deutsch, Abstract: Diese Arbeit behandelt das Konzept der juristischen Präferenz (Istiḥsān), welches zur Grundmethodologie (Usūl Al-Fiqḥ) des Islamischen Rechts gehört. Bei der juristischen Präferenz handelt es sich um eine Methode, die die Flexibilität von Rechtsentscheidungen erhöht. Dabei entscheidet sich der Gelehrte, mit seinem richterlichen Urteil von einer Regel abzuweichen, da eine Befolgung der Regel in der zu beurteilenden Angelegenheit nicht vertretbare Auswirkungen hätte. Das Ziel dieser Arbeit ist es, die Methode Istiḥsān zu erläutern und Beispiele für dieses Verfahren in der Geschichte aufzuzeigen, die zum Teil aus der Zeit vor der theologischen Systematisierung von Istiḥsān stammen und gerade deshalb die Bedeutung des Konzepts demonstrieren. Außerdem soll das Bedürfnis dieser Methode, zu unserer Zeit, ebenfalls erläutert werden.
Multiple Secularities Beyond The West
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Author : Marian Burchardt
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2015-02-17
Multiple Secularities Beyond The West written by Marian Burchardt and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-17 with Biography & Autobiography categories.
Questions of secularity and modernity have become globalized, but most studies still focus on the West. This volume breaks new ground by comparatively exploring developments in five areas of the world, some of which were hitherto situated at the margins of international scholarly discussions: Africa, the Arab World, East Asia, South Asia, and Central and Eastern Europe. In theoretical terms, the book examines three key dimensions of modern secularity: historical pathways, cultural meanings, and global entanglements of secular formations. The contributions show how differences in these dimensions are linked to specific histories of religious and ethnic diversity, processes of state-formation and nation-building. They also reveal how secularities are critically shaped through civilizational encounters, processes of globalization, colonial conquest, and missionary movements, and how entanglements between different territorially grounded notions of secularity or between local cultures and transnational secular arenas unfold over time.
Contingency In A Sacred Law
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Author : Baber Johansen
language : en
Publisher: BRILL
Release Date : 2023-09-29
Contingency In A Sacred Law written by Baber Johansen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-29 with Law categories.
This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.
The Spiritual Background Of Early Islam
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Author : Bravmann
language : en
Publisher: BRILL
Release Date : 2009-01-31
The Spiritual Background Of Early Islam written by Bravmann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-31 with Social Science categories.
In a series of essays devoted to key terms and ideas in Islam, Bravmann argues on the basis of pre-Islamic and early Islamic texts for an Arabian background to the rise of the religion. In pursuing a through philological examination of the evidence, Bravmann finds core values and ideas of Islam deeply embedded in ancient Arab linguistic expression. His work continues to provide a critical element in the debates about the emergence of Islam and cannot be ignored by anyone trying to assess the complex historiographical problems that surround the issue.
Islam And The Moral Economy
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Author : Charles Tripp
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
Islam And The Moral Economy written by Charles Tripp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-20 with Business & Economics categories.
How do modern Muslims adapt their traditions to engage with today's world? Charles Tripp's erudite and incisive book considers one of the most significant challenges faced by Muslims over the last sixty years: the challenge of capitalism. By reference to the works of noted Muslim scholars, the author shows how, faced by this challenge, these intellectuals devised a range of strategies which have enabled Muslims to remain true to their faith, whilst engaging effectively with a world not of their own making. The work is framed around the development of their ideas on Islamic socialism, economics and the rationale for Islamic banking. While some Muslims have resorted to confrontation or insularity to cope with the challenges of modernity, most have aspired to innovation and ingenuity in the search for compromise and interaction with global capitalism in the twenty-first century.
The Origins Of Islamic Law
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Author : Yasin Dutton
language : en
Publisher: Routledge
Release Date : 2013-09-05
The Origins Of Islamic Law written by Yasin Dutton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Social Science categories.
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.
Law And Power In The Islamic World
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Author : Sami Zubaida
language : en
Publisher: I.B. Tauris
Release Date : 2003-05-23
Law And Power In The Islamic World written by Sami Zubaida and has been published by I.B. Tauris this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-23 with Law categories.
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests.
Theories Of Islamic Law
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Author : Imran Ahsan Khan Nyazee
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2016-12-24
Theories Of Islamic Law written by Imran Ahsan Khan Nyazee and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-24 with categories.
The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice. The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers. The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.
Sisterhood Feminisms And Power
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Author : Obioma Nnaemeka
language : en
Publisher: Africa Research and Publications
Release Date : 1998
Sisterhood Feminisms And Power written by Obioma Nnaemeka and has been published by Africa Research and Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Social Science categories.
This volume, which gathers prominent scholars, feminists, womanists, and creative writers from Africa and the African Diaspora, engages with candor and vigor issues and conflicts in feminism and black women studies - feminism and womanism debates, sisterhood and power struggles, research and documentation questions, elite and grassroots women relationship, urban and rural dichotomy, African and the African Diaspora relationship. Focusing on the pluralism of feminisms, these essays address the conflict between indigenous African feminisms and the radicalism of variants of Western feminism with their emphasis on sexuality and seeming oppositions to motherhood. They collectively argue that the African environment specifically should provide the context for any meaningful analysis of feminisms on the continent. The volume weaves theoretical questions, personal and collective engagements into a complex tapestry that spans Africa and the African Diaspora - from women organizing for change in South Africa and women's insurgency against colonialism in Nigeria to the problems of doing research on women in Uganda and building of a sisterhood in Memphis, Tennessee.
Journal Of International Banking Law And Regulation
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Author :
language : en
Publisher:
Release Date : 2024
Journal Of International Banking Law And Regulation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.