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Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 0521803314
Category : Law
Languages : en
Pages : 285
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Book Description
Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.
Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 0521803314
Category : Law
Languages : en
Pages : 285
Get Book Here
Book Description
Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.
Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Category : Law
Languages : en
Pages : 209
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Book Description
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 0231530862
Category : Political Science
Languages : en
Pages : 273
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Book Description
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.
Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 0521803322
Category : History
Languages : en
Pages : 250
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Book Description
The history of Islamic law from pre-Islamic times across three centuries.
Author: Masooda Bano
Publisher: Edinburgh University Press
ISBN: 1474433243
Category : Religion
Languages : en
Pages : 272
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Book Description
Explores the interconnected creative partnerships of the Wattses and De Morgans - Victorian artists, writers and suffragists
Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
ISBN: 1107033381
Category : Law
Languages : en
Pages : 329
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Book Description
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Author: Anver M. Emon
Publisher:
ISBN: 0199679010
Category : Law
Languages : en
Pages : 1009
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Book Description
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
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Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author: Knut S. Vikør
Publisher:
ISBN: 9780195223989
Category : Law
Languages : en
Pages : 406
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Book Description
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author: Dr Carool Kersten
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472400534
Category : Religion
Languages : en
Pages : 302
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Book Description
Like anywhere else, the present-day Islamic world too is grappling with modernity and postmodernity, secularisation and globalisation. Muslims are raising questions about religious representations and authority. This has given rise to the emergence of alternative Islamic discourses which challenge binary oppositions and dichotomies of orthodoxy and heterodoxy, continuity and change, state and civil society. It also leads to a dispersal of authority, a collapse of existing hierarchical structures and gender roles. This book further argues that the centre of gravity of many of these alternative Islamic discourses is shifting from the Arabic-speaking 'heartland' towards the geographical peripheries of the Muslim world and expatriate Muslims in North America and Europe. At the same time, in view of recent seismic shifts in the political constellation of the Middle East, the trends discussed in this book hold important clues for the possible direction of future developments in that volatile part of the Muslim world.
