Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh PDF Download
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Author: Ahmad Kazemi-Moussavi
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1642053511
Category : Law
Languages : en
Pages : 250
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Book Description
This book discusses the historical development of the legal methodology for the interpretation of the Shari’ah, and analyzes proposed reforms by modern Muslim scholars. This study has two goals: (1) to summarize usul al-fiqh’s rise and development from its rudimentary form to its advanced and mature phase by articulating the contributions of eminent jurists on key intellectual debates, and (2) to present a schema of reforms, new hermeneutics, and epistemology proposed by modernists to bring about foundational changes in Islamic legal methodology so that they can bypass the authority of the legal language. The critical distinction between the timeless Shari’ah and mutable jurisprudence allows for a mechanism that can review and revise juridical opinions in the light of new information.
Author: Ahmad Kazemi-Moussavi
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1642053511
Category : Law
Languages : en
Pages : 250
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Book Description
This book discusses the historical development of the legal methodology for the interpretation of the Shari’ah, and analyzes proposed reforms by modern Muslim scholars. This study has two goals: (1) to summarize usul al-fiqh’s rise and development from its rudimentary form to its advanced and mature phase by articulating the contributions of eminent jurists on key intellectual debates, and (2) to present a schema of reforms, new hermeneutics, and epistemology proposed by modernists to bring about foundational changes in Islamic legal methodology so that they can bypass the authority of the legal language. The critical distinction between the timeless Shari’ah and mutable jurisprudence allows for a mechanism that can review and revise juridical opinions in the light of new information.
Author: Bernard G. Weiss
Publisher: University of Georgia Press
ISBN: 0820328278
Category : Law
Languages : en
Pages : 233
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Book Description
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Author: Ahmad Al-Raysuni
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1565644123
Category : Religion
Languages : en
Pages : 482
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Book Description
With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.
Author: Imran Ahsan Khan Nyazee
Publisher: Createspace Independent Publishing Platform
ISBN: 9781541283268
Category :
Languages : en
Pages : 342
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Book Description
The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice. The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers. The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.
Author: Emine Enise Yakar
Publisher: Routledge
ISBN: 1000456374
Category : Law
Languages : en
Pages : 312
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Book Description
This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Author: Jasser Auda
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1565644247
Category : Religion
Languages : en
Pages : 378
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Book Description
In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.
Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 9780521599863
Category : Law
Languages : en
Pages : 308
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Book Description
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.
Author: al-Qāḍī al-Nuʿmān
Publisher: NYU Press
ISBN: 0814771424
Category : Religion
Languages : en
Pages : 446
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Book Description
A masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.
Author: Saim Kayadibi
Publisher:
ISBN: 9789670526331
Category : Islamic law
Languages : en
Pages : 546
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Book Description
In the past couple of decades, interest in Islamic Law has increased in the Muslim world as well as in the non-Muslim world. The popularity of Islamic Banking and Finance has especially triggered scholarly studies in this field since usul al-fiqh is the essence of comprehending the law revealed by the Lawgiver. Despite the number of studies on Islamic Law, works dealing with usul al-fiqh, which specifically focuses on the interpretations of the texts and the methods used by the jurists, are limited especially in the English language. This book, Principles of Islamic Law-The Methods of Interpretation of the Texts (Usul al-Fiqh) is aimed at helping the students, lawyers and other interested people to understand the subject more comprehensively.
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.
