Islamic Law, Epistemology and Modernity

Islamic Law, Epistemology and Modernity PDF Author: Ashk Dahlen
Publisher: Routledge
ISBN: 1135943540
Category : Social Science
Languages : en
Pages : 477

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Book Description
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

Islamic Law, Epistemology and Modernity

Islamic Law, Epistemology and Modernity PDF Author: Ashk Dahlen
Publisher: Routledge
ISBN: 1135943540
Category : Social Science
Languages : en
Pages : 477

Get Book Here

Book Description
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

Studies in Islamic Legal Theory

Studies in Islamic Legal Theory PDF Author: Bernard G. Weiss
Publisher: BRILL
ISBN: 9789004120662
Category : Religion
Languages : en
Pages : 488

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Book Description
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."

Philosophy and Jurisprudence in the Islamic World

Philosophy and Jurisprudence in the Islamic World PDF Author: Peter Adamson
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110552183
Category : Philosophy
Languages : en
Pages : 354

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Book Description
This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

Narratives of Islamic Legal Theory

Narratives of Islamic Legal Theory PDF Author: Rumee Ahmed
Publisher: OUP Oxford
ISBN: 0199640173
Category : Religion
Languages : en
Pages : 192

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Book Description
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.

Custom in Islamic Law and Legal Theory

Custom in Islamic Law and Legal Theory PDF Author: Ayman Shabana
Publisher: Springer
ISBN: 0230117341
Category : Religion
Languages : en
Pages : 272

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Book Description
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).

SHATIBI S PHILOSOPHY OF ISLAMIC LAW

SHATIBI S PHILOSOPHY OF ISLAMIC LAW PDF Author: Muhammad Khalid Masud
Publisher: Adam Publishers
ISBN: 9788174351036
Category : Islamic law
Languages : en
Pages : 308

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Book Description


Islamic Legal Theory

Islamic Legal Theory PDF Author: Mashood A. Baderin
Publisher: Routledge
ISBN: 1351925903
Category : Law
Languages : en
Pages : 376

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Book Description
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.

Maqasid Al-shariah as Philosophy of Islamic Law

Maqasid Al-shariah as Philosophy of Islamic Law PDF 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.

Interpreting Averroes

Interpreting Averroes PDF Author: Peter Adamson
Publisher: Cambridge University Press
ISBN: 1107114888
Category : Philosophy
Languages : en
Pages : 273

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Book Description
Engages with all aspects of Averroes' philosophy, from his thinking on Aristotle to his influence on Islamic law.

Islamic Law and Ethics

Islamic Law and Ethics PDF Author: David R. Vishanoff
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1642053465
Category : Religion
Languages : en
Pages : 224

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Book Description
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?