Narratives of Islamic Legal Theory

In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise.

Author: Rumee Ahmed

Publisher: OUP Oxford

ISBN: 9780199640171

Category: Religion

Page: 192

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In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.

Structural Interrelations of Theory and Practice in Islamic Law

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 ...

Author: Ahmad Atif Ahmad

Publisher: BRILL

ISBN: 9789047409168

Category: Law

Page:

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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.

Studies in Islamic Legal Theory

the development of legal theory in the period of his research was polythetic , rather than monothetic . In elaborating this point , Brockopp takes issue with what he sees as the dominant trend among certain contemporary scholars of ...

Author: Bernard G. Weiss

Publisher: BRILL

ISBN: 9004120661

Category: Religion

Page: 437

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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."

Shari a Islamic Law Oxford Bibliographies Online Research Guide

All of the books on jurisprudence in the General Overviews, Qur'an as a Source of Law, and Hadith/Sunna as a Source of ... of course have extensive treatments of the meaning and use of the concept of consensus in Islamic legal theory.

Author: Oxford University Press

Publisher: Oxford University Press, USA

ISBN: 0199804036

Category: Social Science

Page: 28

View: 462

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This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Sex and the Legal Subject

Reading classical legal theory texts taught in a Ḥanafī madrasas and contemporary adaptations of classical law I make apparent the 'imaginary configurations', 'metaphoric networks' and points of tension through which the texts convey ...

Author: Fatima Seedat

Publisher:

ISBN: OCLC:909906943

Category:

Page:

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"This study of ahliyya (legal capacity), illustrates how femaleness features as a category of law and further how sex difference determines the legal capacities of women. It originates in concerns for equality in South African debates on state recognition of Muslim marriage. Theoretically and methodologically, it is located in the interdisciplinary space of feminist studies and Islamic law, draws on feminist theories of sex difference and employs feminist methods of reading texts to theorise the differential treatment of women in classical and contemporary legal theory (uṣūl al-fiqh) and positive law (furū' al-fiqh). Reading classical legal theory texts taught in a Ḥanafī madrasas and contemporary adaptations of classical law I make apparent the 'imaginary configurations', 'metaphoric networks' and points of tension through which the texts convey ideas about the woman of Islamic law.In the complex formulation of the female legal subject I find that classical Ḥanafī legal theory does not explicitly distinguish female legal capacity from male legal capacity; femaleness does not feature amongst the nineteen impediments to legal capacity. Nonetheless classical legal theory and positive law both distinguish between male and female legal subjects. The challenge in studying legal capacity and sex difference is to ponder the intersection of these two paradigms, the theoretical non-distinction of women's legal capacity from other forms of legal capacity and the distinctions between men and women in positive law generally. I find that the normative legal subject of the historical law is a free, adult, male yet, unlike the enslaved male and the infant or minor male, the female legal subject is not similarly distinguished by virtue of a differentiated category of legal capacity; gender is not a distinguishing legal category of the theoretical legal subject. Implicitly, however, in the classical legal text social norms come to work as natural conditions that attach to ideas of femaleness. Accordingly, it is incorrect to assume the absence of a distinctive category results in the absence of distinctive legal subjectivity for women. Rather distinctive legal capacity does not necessarily arise from a distinct category of legal incapacity. Instead, the law locates bodies in a matrix of other social categories, viz. reason, age, social class, life experience and marital status, so as to disrupt the symmetry of biology and sex differentiated legal capacity. It relies instead on a discursive construction of femaleness that formulates uneven legal capacities for women. The social facts that attach to women's bodies inform us of the ideological system that produces the female subject of the legal text. Contemporary legal theory, contrary to its classical precursor, either imposes severe restrictions upon women as legal subjects or pretends to the absence of distinction between female and male legal subjects. The pretense denies the differential treatment of women in the law while the restrictions result in a category of 'imperfect legal capacity' for women. Further, comparing classical and contemporary approaches, the former frames a distinct but discursive female legal subject, multiply and situationally constituted. However, both historical and modern approaches occlude the obvious impediment to legal capacity that marriage effects on female legal subjects, notably limitations on a wife's legal capacities within the marriage and the marital authority of husbands to manage the sociality, mobility, and spirituality of wives, ownership of the marital bond being a uniquely male legal capacity. Finally, contemporary legal theory frames inflexible determinates of female legal subjectivity and eventually produces essentialist and existential understandings of women. This illustrates the modern representation of women's legal capacity as not merely a modern manifestation of historical legal thought, but indeed modern in its origin and formation." --

Early Islamic Legal Theory

Islamic Philosophy, Theology and Science: Texts and Studies 37. ... “Competing Paradigms in Islamic Origins: Qur'ân 15:89–91 and the Value of Ismāds.” In: Method and Theory in the Study of ... In: Studies in Islamic Legal Theory.

Author: Joseph Lowry

Publisher: BRILL

ISBN: 9789047423898

Category: Religion

Page: 460

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This book offers a comprehensive reinterpretation of Sh?fi??’s Ris?la and shows how Sh?fi?? sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur??n and the Sunna.

On Taqlid

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.

Author: Mustafa Abdul Rahman

Publisher: Oxford University Press

ISBN: 9780199937516

Category: History

Page: 242

View: 495

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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.

The Ashgate Research Companion to Islamic Law

By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future.

Author: Peri Bearman

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781472403711

Category: Religion

Page: 356

View: 258

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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Narratives of Islamic Legal Theory

Legal theory works could theoretically establish procedural principles that would serve as a check on Islamic ... 'Fiction and Formalism: Toward a Functional Analysis of Uṣūl al-Fiqh' in Studies in Islamic Legal Theory (Brill ) – .

Author: Rumee Ahmed

Publisher: Oxford University Press

ISBN: 9780199640171

Category: History

Page: 176

View: 675

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In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.

Ma la a and the Purpose of the Law

Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maṣlaḥa as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing ...

Author: Felicitas Opwis

Publisher: BRILL

ISBN: 9789004185692

Category: Law

Page: 384

View: 915

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Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maṣlaḥa as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God’s law.