Author: Anver Emon
Publisher: Simon and Schuster
ISBN: 1780748817
Category : Religion
Languages : en
Pages : 304
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Book Description
By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.
Author: Joseph E. David
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Comparativism is not only a means for political change, but also a heuristic tool for the legal historian within explanatory contexts. The comparability of the Islamic and Jewish legal systems in the medieval period is a typical case for comparative legal history repeatedly mentioned both by legal historiographers and by scholars of religious studies. Our aim is to examine the comparability of these legal systems in the light of modern comparative theories and methodologies: What makes these legal traditions comparable? Is it the theological proximity, the factual transplantations or perhaps the jurists' jurisprudential self-understandings? Our test case will be one of the debated topics in legal philosophy at that time - the legitimacy of legal reasoning in interpreting legal sources and analogizing novel cases to known rulings. Our analysis of the attitudes towards this problem and in relation to theological principles and legal theories in the Islamic and Jewish legal context will revalue the applicability of current comparative theories in a pre-modern and non-western scene.
Author: Joseph E. David
Publisher: Springer
ISBN: 331906584X
Category : Law
Languages : en
Pages : 192
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Book Description
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Author: Jacob Neusner
Publisher: Routledge
ISBN: 1134647743
Category : Religion
Languages : en
Pages : 280
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Book Description
Neusner is a very famous and eminent scholar in "50 key Jewish Thinkers" The relationship between Judaism and Islam is topical and controversial Discusses 'promised land' and 'jihad' in religious and political context Unique approach - comparative study of the two religions through the structure of the law. Sonn is a respected Islamist
Author: Umar F. Abd-Allah
Publisher: BRILL
ISBN: 9004247882
Category : Law
Languages : en
Pages : 566
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Book Description
This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa’ and Mudawwana. Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion (ra’y), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a “four-source” (Qurʾān, sunna, consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law (madhāhib) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
Author: Edwin Brown Firmage
Publisher: Eisenbrauns
ISBN: 9780931464393
Category : History
Languages : en
Pages : 420
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Book Description
The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.
Author: Janos Jany
Publisher: Routledge
ISBN: 131711020X
Category : Law
Languages : en
Pages : 242
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Book Description
This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.
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: Lena Salaymeh
Publisher: Cambridge University Press
ISBN: 1316825574
Category : History
Languages : en
Pages : 258
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Book Description
The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Author: Anver M. Emon
Publisher: OUP Oxford
ISBN: 0191637742
Category : Law
Languages : en
Pages : 384
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Book Description
The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
