Islamic Law And Legal Theory
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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).
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.
Islamic Law And Legal Theory
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Author : Ian Edge
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1996
Islamic Law And Legal Theory written by Ian Edge and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Islamic law categories.
This work describes the origins and sources of Islamic law, the development of Sunni law schools and Sunni legal theory, the development of Shii legal theory and the way Islamic law relates to the modern world.
Law And Legal Theory In Classical And Medieval Islam
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Author : Wael B. Hallaq
language : en
Publisher: Routledge
Release Date : 2022-02-23
Law And Legal Theory In Classical And Medieval Islam 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 2022-02-23 with History categories.
These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. There follows a set of primarily historical studies, which question a series of widely held assumptions, while the last items explore issues of legal theory and methodology. One particular topic concerns the role of Shafi'i as the ’master architect’ of Islamic legal theory, and Professor Hallaq would finally argue that this image is in fact false and a creation of later centuries.
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.
The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla, in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām, and the role of consensus (ijmāʿ).
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.
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.
Islamic Legal Theory
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Author : Mashood A. Baderin
language : en
Publisher: Routledge
Release Date : 2017-03-02
Islamic Legal Theory written by Mashood A. Baderin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
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.
Studies In Islamic Legal Theory
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Author : Bernard G. Weiss
language : en
Publisher: BRILL
Release Date : 2002
Studies In Islamic Legal Theory written by Bernard G. Weiss and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Religion categories.
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."
Islamic Law In Theory
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Author :
language : en
Publisher: BRILL
Release Date : 2014-05-09
Islamic Law In Theory written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Law categories.
The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel