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.
Author: Baudouin Dupret
Publisher: Cambridge University Press
ISBN: 1108960138
Category : Law
Languages : en
Pages : 329
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Book Description
Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Author: Ulrich Rudolph
Publisher: BRILL
ISBN: 9004492542
Category : Philosophy
Languages : en
Pages : 864
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Book Description
A comprehensive reference work covering all figures of the earliest period of philosophy in the Islamic world. Both major and minor thinkers are covered, with details of biography and doctrine as well as detailed lists and summaries of each author’s works.
Author: Nadja Germann
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311055223X
Category : Philosophy
Languages : en
Pages : 401
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Book Description
What is language? How did it originate and how does it work? What is its relation to thought and, beyond thought, to reality? Questions like these have been at the center of lively debate ever since the rise of scholarly activities in the Islamic world during the 8th/9th century. However, in contrast to contemporary philosophy, they were not tackled by scholars adhering to only one specific discipline. Rather, they were addressed across multiple fields and domains, no less by linguists, legal theorists, and theologians than by Aristotelian philosophers. In response to the different challenges faced by these disciplines, highly sophisticated and more specialized areas emerged, comparable to what nowadays would be referred to as semantics, pragmatics, and hermeneutics, to name but a few – fields of research that are pursued to this day and still flourish in some of the traditional schools. Philosophy of language, thus, has been a major theme throughout Islamic intellectual culture in general; a theme which, probably due to its trans-disciplinary nature, has largely been neglected by modern research. This book brings together for the first time experts from the various fields involved, in order to explore the riches of this tradition and make them accessible to a broader public interested both in philosophy and the history of ideas more generally.
Author: Ahmed Alwishah
Publisher: Cambridge University Press
ISBN: 1107101735
Category : History
Languages : en
Pages : 277
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Book Description
Examines Aristotle's vast influence upon the medieval Arabic philosophical tradition and includes contributions from every discipline within his corpus.
Author: Tim Winter
Publisher: Cambridge University Press
ISBN: 1107494419
Category : Religion
Languages : en
Pages : 309
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Book Description
This series of critical reflections on the evolution and major themes of pre-modern Muslim theology begins with the revelation of the Koran, and extends to the beginnings of modernity in the eighteenth century. The significance of Islamic theology reflects the immense importance of Islam in the history of monotheism, to which it has brought a unique approach and style, and a range of solutions which are of abiding interest. Devoting especial attention to questions of rationality, scriptural fidelity, and the construction of 'orthodoxy', this volume introduces key Muslim theories of revelation, creation, ethics, scriptural interpretation, law, mysticism, and eschatology. Throughout the treatment is firmly set in the historical, social and political context in which Islam's distinctive understanding of God evolved. Despite its importance, Islamic theology has been neglected in recent scholarship, and this book provides a unique, scholarly but accessible introduction.
Author: Anver M. Emon
Publisher: Oxford University Press
ISBN: 0199579008
Category : Law
Languages : en
Pages : 238
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Book Description
This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
Author: Majid Khadduri
Publisher: JHU Press
ISBN: 9780801869747
Category : Law
Languages : en
Pages : 280
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Book Description
Majid Khadduri, one of the world's preeminent authorities on Islamic justice and jurisprudence, presents his extensive study and reflection on Islamic political, legal, ethical, and social philosophy. This book is both a magisterial historical synthesis and an illumination of the beliefs and practices of modern Islam. (World Religion)
Author: C.G. Weeramantry
Publisher: Springer
ISBN: 1349194565
Category : Law
Languages : en
Pages : 225
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Book Description
Islamic jurisprudence is a much misunderstood system. The misunderstanding is due to lack of information and to centuries of prejudice. This book seeks to present information, not at present available in a single work, on the pioneering efforts of Islamic jurists to develop a comprehensive body of human rights, principles and practice, as well as a corpus of international law principles. The attempt to develop such international law principles long anticipated any similar work in other legal or cultural systems. Human rights doctrine based upon the Qu'ran and the Sunna of the Prophet was expressed in terms which will strike the reader as surprisingly modern. In international law, Islamic treatises anticipated the work of Grotius by eight centuries. It is hoped that this systematic exposition, not attempted before in such detail, will help considerably in reducing misunderstanding and the resulting tensions, as well as being of considerable value to the Islamic world. The work will be of interest not only to lawyers, but also to philosophers, historians, sociologists, political scientists and students of international affairs.
Author: Larry Benjamin Miller
Publisher: Springer Nature
ISBN: 3030450120
Category : Philosophy
Languages : en
Pages : 154
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Book Description
This book charts the evolution of Islamic dialectical theory (jadal) over a four-hundred year period. It includes an extensive study of the development of methods of disputation in Islamic theology (kalām) and jurisprudence (uṣūl al-fiqh) from the tenth through the fourteenth centuries. The author uses the theoretical writings of Islamic theologians, jurists, and philosophers to describe the concept Overall, this investigation looks at the extent to which the development of Islamic modes of disputation is rooted in Aristotle and the classical tradition. The author reconstructs the contents of the earliest systematic treatment of the subject by b. al-Rīwandī. He then contrasts the theological understanding of dialectic with the teachings of the Arab Aristotelians–al-Fārābī, Avicenna, and Averroes. Next, the monograph shows how jurists took over the theological method of dialectic and applied it to problems peculiar to jurisprudence. Although the earliest writings on dialectic are fairly free of direct Aristotelian influence, there are coincidences of themes and treatment. But after jurisprudence had assimilated the techniques of theological dialectic, its own theory became increasingly influenced by logical terminology and techniques. At the end of the thirteenth century there arose a new discipline, the ādāb al-baḥth. While the theoretical underpinnings of the new system are Aristotelian, the terminology and order of debate place it firmly in the Islamic tradition of disputation.
