Structural Interrelations Of Theory And Practice In Islamic Law
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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 introduces six texts of Islamic jurisprudence, authored by six jurists representing all four Sunni schools of Islamic law (two Ḥanafī, two Shāfiʿī, one Malikī, and one Ḥanbalī), who lived in areas as far apart as Uzbekistan, Iraq, Syria, Gaza (Palestine), Egypt, and Algeria between the tenth and sixteenth centuries CE. My reading of these texts attempts to articulate an underlying structural interrelationship between theoretical and practical legal reasoning in the Islamic juristic tradition. This volume provides an anatomy of Islamic legal reasoning, centered on the basic concepts of human agency, responsibility, rights, legal hermeneutics, extra-textual sources of the law, and basic inquiries, such as the jurisdiction of law in Islam and the relationship between law and government and between law and theology.
State Law As Islamic Law In Modern Egypt
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Author : Clark B. Lombardi
language : en
Publisher:
Release Date : 2006
State Law As Islamic Law In Modern Egypt written by Clark B. Lombardi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.
The Oxford Handbook Of Islamic Law
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Author : Anver M. Emon
language : en
Publisher: Oxford University Press
Release Date : 2018-10-25
The Oxford Handbook Of Islamic Law written by Anver M. Emon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-25 with Religion categories.
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
War And Law In The Islamic World
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Author : Matthias Vanhullebusch
language : en
Publisher: BRILL
Release Date : 2015-06-05
War And Law In The Islamic World written by Matthias Vanhullebusch and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-05 with Political Science categories.
A three-part investigation on the origins and evolving roles that Islamic law and international humanitarian law have played in regulating conflict and violence, War and Law in the Islamic World brings to light legal and policy complexities that plague modern-day armed conflict in the region.
State Law As Islamic Law In Modern Egypt
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Author : Clark Lombardi
language : en
Publisher: BRILL
Release Date : 2006-01-01
State Law As Islamic Law In Modern Egypt written by Clark Lombardi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt’s constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa—one that permits the Court to argue that sharī‘a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court’s theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
On Taqlid
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Author : Abdul-Rahman Mustafa
language : en
Publisher: Oxford University Press
Release Date : 2013-04-25
On Taqlid written by Abdul-Rahman Mustafa and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with History categories.
Abdul-Rahman Mustafa offers a deft new translation of a large extract from the book I'lam al Muwaqqi'in 'An Rabb al 'Alamin, by the thirteenth-century Islamic scholar, Ibn Qayyim al Jawziyya. The I'lam comprises an extensive discussion of the subject of taqlid, or legal imitation. It is one of the most comprehensive treatments of Islamic legal theory and even today serves as a manual for mujtahids and muftis. In the portion of the I'lam Mustafa has translated, Ibn Qayyim introduces the nature of taqlid and divides it into several categories. He then provides an account of a debate between a critic of the view that taqlid of a particular school or a scholar is a religious duty and this critic's interlocutor. Among the topics discussed are the different kinds of taqlid, the differences between taqlid and ittibi', the infallibility of religious scholars, the grounds on which one legal opinion might be preferred over another, and whether or not laymen can be expected to perform ijtihad. Ibn Qayyim's legal theory is a formidable reformulation of traditionalist Hanbalism, a legal-theological tradition that has always maintained a distinctive character in Islamic history and that is now growing more influential due to modern interest in the Wahhabi movement and in Ibn Taymiyya, whose legal and theological thought was edited and refined by his student, Ibn Qayyim. In his introduction to the translation, Mustafa critically reviews the scholarship on taqlid and outlines Ibn Qayyim's legal theory and the importance of taqlid within it. Taqlid continues to generate controversy amongst educated Muslims and particularly academics, as Salafi interpretations of Islam, which are generally 'anti-taqlid,' come into conflict with the generally 'pro-taqlid' stance of traditional schools such as the Hanafis. Mustafa's translation of a classic account of Islamic legal theory and strong critique of the dominant legal culture are timely contributions to an increasingly heated debate.
Locating The Shar A
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Author : Sohaira Siddiqui
language : en
Publisher: BRILL
Release Date : 2018-02-04
Locating The Shar A written by Sohaira Siddiqui and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-04 with Law categories.
The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
Structural Interrelations Of Theory And Practice In Islamic Law
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Author : Ahmad Atif Ahmad
language : en
Publisher:
Release Date : 2006
Structural Interrelations Of Theory And Practice In Islamic Law written by Ahmad Atif Ahmad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Islamic law categories.
The Economy Of Certainty
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Author : Aron Zysow
language : en
Publisher: Lockwood Press
Release Date : 2014-06-23
The Economy Of Certainty written by Aron Zysow and has been published by Lockwood Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Religion categories.
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.
Harmonizing Similarities
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Author : Elias G. Saba
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2019-10-08
Harmonizing Similarities written by Elias G. Saba 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 2019-10-08 with Law categories.
"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.