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Author: Harald Motzki
Publisher: BRILL
ISBN: 9004491538
Category : Religion
Languages : en
Pages : 344
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Book Description
The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht’s famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.
Author: Harald Motzki
Publisher: BRILL
ISBN: 9004491538
Category : Religion
Languages : en
Pages : 344
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Book Description
The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht’s famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.
Author: Noel Coulson
Publisher: Edinburgh University Press
ISBN: 0748696490
Category : Law
Languages : en
Pages : 280
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Book Description
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author: Lena Salaymeh
Publisher: Cambridge University Press
ISBN: 1107133025
Category : History
Languages : en
Pages : 257
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Book Description
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Author: Muḥammad Muṣṭafá Aʻẓamī
Publisher: Islamic Texts Society
ISBN: 9780946621460
Category : Religion
Languages : en
Pages : 237
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Book Description
This in-depth study presents a detailed analysis and critique of the classic Western work on the origins of Islamic law, Schacht's Origins of Muhammadan Jurisprudence. Azami's work examines the sources used by Schacht to develop his thesis on the relation of Islamic law to the Qur'an, and exposes fundamental flaws in Schacht's methodology that led to the conclusions unsupported by the texts examined. This book is an important contribution to Islamic legal studies from an Islamic perspective.
Author: Yasin Dutton
Publisher: Routledge
ISBN: 1136110747
Category : Social Science
Languages : en
Pages : 282
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Book Description
If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
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: 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: Harald Motzki
Publisher: BRILL
ISBN: 9789004121317
Category : History
Languages : en
Pages : 354
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Book Description
Based on a new source, this study reconstructs for the first time the early development of Islamic jurisprudence at Mecca and challenges the current view of scholarship concerning the origins of Islamic jurisprudence.
Author: Sohaira Siddiqui
Publisher: BRILL
ISBN: 9004391711
Category : Law
Languages : en
Pages : 282
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Book Description
The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
Author: Omar Farahat
Publisher: Cambridge University Press
ISBN: 1108753191
Category : Religion
Languages : en
Pages : 259
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Book Description
In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.
