Studies In Islamic Legal Theory
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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."
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).
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.
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.
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
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.
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).
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.
Visions Of Shar A
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Author : Ali-reza Bhojani
language : en
Publisher: BRILL
Release Date : 2019-11-11
Visions Of Shar A written by Ali-reza Bhojani and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Law categories.
Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.
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.