Early Islamic Legal Theory
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Early Islamic Legal Theory
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Author : Joseph Lowry
language : en
Publisher: BRILL
Release Date : 2007-12-31
Early Islamic Legal Theory written by Joseph Lowry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-31 with Law categories.
This book offers a comprehensive reinterpretation of Shāfiʿī’s Risāla and shows how Shāfiʿī sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna.
A History Of Islamic Legal Theories
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Author : Wael B. Hallaq
language : en
Publisher: Cambridge University Press
Release Date : 1997
A History Of Islamic Legal Theories written by Wael B. Hallaq 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 1997 with Law categories.
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.
The Epistle On Legal Theory
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Author : Muhammad ibn Idris al-Shafi'i
language : en
Publisher: NYU Press
Release Date : 2013-02-14
The Epistle On Legal Theory written by Muhammad ibn Idris al-Shafi'i and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Literary Collections categories.
A modern translation of a foundational document of Islamic jurisprudence The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general. The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. A bilingual Arabic-English edition.
Structural Interrelations Of Theory And Practice In Islamic Law
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Author : Ahmad Atif Ahmad
language : en
Publisher: BRILL
Release Date : 2006-05-01
Structural Interrelations Of Theory And Practice In Islamic Law written by Ahmad Atif Ahmad and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-05-01 with Law categories.
This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.
Custom In Islamic Law And Legal Theory
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Author : Ayman Shabana
language : en
Publisher: Springer
Release Date : 2010-11-14
Custom In Islamic Law And Legal Theory written by Ayman Shabana and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-14 with Religion categories.
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).
Narratives Of Islamic Legal Theory
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Author : Rumee Ahmed
language : en
Publisher: OUP Oxford
Release Date : 2012-03-15
Narratives Of Islamic Legal Theory written by Rumee Ahmed and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Law categories.
In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.
A History Of Islamic Legal Theories
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Author : Wael B. Hallaq
language : en
Publisher:
Release Date : 1997
A History Of Islamic Legal Theories written by Wael B. Hallaq and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Islamic law categories.
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.
The Epistle On Legal Theory
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Author : Muhammad ibn Idris al-Shafi'i
language : en
Publisher: NYU Press
Release Date : 2015-10-15
The Epistle On Legal Theory written by Muhammad ibn Idris al-Shafi'i and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-15 with Literary Collections categories.
The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . This new translation by a leading scholar of Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.
Disagreements Of The Jurists
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Author : al-Qadi al-Nu'man
language : en
Publisher: NYU Press
Release Date : 2017-10-03
Disagreements Of The Jurists written by al-Qadi al-Nu'man and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with Literary Collections categories.
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 for the first time in English his major work on Islamic legal theory (usul al-fiqh), which presents a legal model in support of the Fatimid claim to legitimate rule. 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. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries and goes on to engage, point by point, with the specific interpretive methods of Sunni legal theory. The text thus preserves important passages from several Islamic legal theoretical works no longer extant, and in the process throws light on a critical stage in the development of Islamic legal theory that would otherwise be lost to history. 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 for the first time in English his major work on Islamic legal theory (usul al-fiqh), which presents a legal model in support of the Fatimid claim to legitimate rule. 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. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries and goes on to engage, point by point, with the specific interpretive methods of Sunni legal theory. The text thus preserves important passages from several Islamic legal theoretical works no longer extant, and in the process throws light on a critical stage in the development of Islamic legal theory that would otherwise be lost to history.
The Formation Of Islamic Law
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Author : Wael B. Hallaq
language : en
Publisher: Routledge
Release Date : 2016-12-05
The Formation Of Islamic Law written by Wael B. Hallaq and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with History categories.
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.