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Author: Walter Edward Young
Publisher: Springer
ISBN: 3319255223
Category : Philosophy
Languages : en
Pages : 651
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Book Description
The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Author: Walter Edward Young
Publisher: Springer
ISBN: 3319255223
Category : Philosophy
Languages : en
Pages : 651
Get Book Here
Book Description
The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Author: Walter Edward Young
Publisher:
ISBN: 9780494791295
Category :
Languages : en
Pages :
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Book Description
Author: Young
Publisher:
ISBN:
Category : Electronic book
Languages : en
Pages :
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Book Description
Author: Mohammad Syifa Amin Widigdo, John P. Bartkowski, Gabriel A. Acevedo, Gulcimen Karakeci, Favor Campbell
Publisher: International Institute of Islamic Thought (IIIT)
ISBN:
Category :
Languages : en
Pages : 120
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Book Description
The 35:4 AJISS issue opens with an editorial that draws attention to the plight of the Uyghur Muslims of East Turkestan facing sustained Chinese government persecution. The issue then features two main articles. The first article, by Dr. Mohammad Syifa Amin Widigdo, argues that the Aristotelian dialectic was adopted within medieval Islamic theology and law and Christian scholasticism toward distinctive purposes: the Greeks aimed to defeat an opponent by showing logical contradictions, Christian scholastics searched for the truth by bringing out the preexisting truth in the mind of the teacher, and Muslim dialecticians employed it to arrive at a level of certainty in knowledge in both epistemological and psychological senses. The second article reports multi-author empirical research by Drs. Bartkowski, Acevedo, Karakeci, and Campbell on the analysis of data extracted from the World Values Survey. It investigates early twenty-first century religious influences on Turkish Muslim women’s attitudes toward gender inequality, hypothesizing that religious devotion among Muslim women in Turkey is associated with greater support for gender inequality across the institutional domains of family. Finally, following the book reviews, the issue includes an extensive and erudite response by Professor Sherman Jackson to some crucial and timely issues raised by Professor Kecia Ali, who has argued that Muslim male scholars often omit, overlook, undervalue, or dismiss the scholarly views and interventions of female scholars. Jackson’s response is thoughtful, engaging, and respectful, even if it refuses to grant the premise of Ali’s argument.
Author: Elias G. Saba
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110605791
Category : Religion
Languages : en
Pages : 258
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Book Description
"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.
Author: Muhammad Iqbal
Publisher: Springer Nature
ISBN: 3030916766
Category : Philosophy
Languages : en
Pages : 274
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Book Description
This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
Author: Shahid Rahman
Publisher: Springer Nature
ISBN: 3030700844
Category : Philosophy
Languages : en
Pages : 432
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Book Description
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Author: Joseph S. Catalano
Publisher: Cambridge University Press
ISBN: 0521152275
Category : Literary Criticism
Languages : en
Pages : 231
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Book Description
Joseph Catalano offers an in-depth exploration of Jean-Paul Sartre's four major philosophical writings.
Author: Ephraim Chamiel
Publisher: Academic Studies PRess
ISBN: 1644693828
Category : Religion
Languages : en
Pages : 284
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Book Description
The present book is a sequel to Ephraim Chamiel’s two previous works The Middle Way and The Dual Truth—studies dedicated to the “middle” trend in modern Jewish thought, that is, those positions that sought to combine tradition and modernity, and offered a variety of approaches for contending with the tension between science and revelation and between reason and religion. The present book explores contemporary Jewish thinkers who have adopted one of these integrated approaches—namely the dialectical approach. Some of these thinkers maintain that the aforementioned tension—the rift within human consciousness between intellect and emotion, mind and heart—can be mended. Others, however, think that the dialectic between the two poles of this tension is inherently irresolvable, a view reminiscent of the medieval “dual truth” approach. Some thinkers are unclear on this point, and those who study them debate whether or not they successfully resolved the tension and offered a means of reconciliation. The author also offers his views on these debates. This book explores the dialectical approaches of Rav Kook, Rav Soloveitchik, Rabbi Abraham Joshua Heschel, Samuel Hugo Bergman, Leo Strauss, Ernst Simon, Emil Fackenheim, Rabbi Mordechai Breuer, his uncle Isaac Breuer, Tamar Ross, Rabbi Shagar, Moshe Meir, Micah Goodman and Elchanan Shilo. It also discusses the interpretations of these thinkers offered by scholars such as Michael Rosenak, Avinoam Rosenak, Eliezer Schweid, Aviezer Ravitzky, Avi Sagi, Binyamin Ish-Shalom, Ehud Luz, Dov Schwartz, Rabbi Yuval Cherlow, Lawrence Kaplan, and Haim Rechnitzer. The author questions some of these approaches and offers ideas of his own. This study concludes that many scholars bore witness to the dialectical tension between reason and revelation; only some believed that a solution was possible. That being said, and despite the paradoxical nature of the dual truth approach (which maintains that two contradictory truths exist and we must live with both of them in this world until a utopian future or the advent of the Messiah), increasing numbers of thinkers today are accepting it. In doing so, they are eschewing delusional and apologetic views such as the identicality and compartmental approaches that maintain that tensions and contradictions are unacceptable.
Author: Walter Edward Young
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Dialectic (jadal or munāẓara) is undoubtedly the primary formative dynamic in the evolution of Islamic legal systems, whether in the expansion and justification of doctrinal bodies of substantive law (fiqh), or in the elaboration and refinement of legal theory (uṣūl al-fiqh). Despite this most critical role, however, relatively few studies have been dedicated to juridical dialectic (al-jadal al-fiqhī); and, to my knowledge, none have attempted to explore or explain its powerful function in the shaping of legal systems and attendant literary discourse. A principal objective of this current project is to bring the formative dynamic of jadal to the forefront of considerations in Islamic legal studies, with special regard to the evolution of both legal-theoretical and juridical-dialectical sciences. Significantly, one may easily discern the dynamic of a sophisticated juridical dialectic at work in our earliest extant legal literature, particularly in works which preserve details of legal argumentation and/or extended Q & A sequences of dialectical debate. One such work is the Kitāb al-Umm of Muḥammad b. Idris al-Shāfiī (d.204/820), and it is a particular treatise found in this early compendium -- the Ikhtilāf al-ʻIrāqiyyīn -- with which the current project will be most concerned. Part II of this dissertation comprises a parallel, annotated translation of this treatise; Part I is chiefly occupied with: 1) an analysis of its dialectical elements; 2) my arguments with regard to their implications; and 3) the elaboration of a theoretical model to account for the formative dynamic of juridical jadal in the evolution of legal-theoretical and dialectical systems. My procedure in Part I is as follows. First, I will draw attention to the "dialectical milieu" of early Islamic intellectual history and provide a background of current evolutionary narratives for jadal-theory systems (Chapter I.2). Following this, I will fashion a "lens for analysis" from certain of our earliest extant (fifth century H) "full-system" treatises on juridical jadal (Chapter II). With this lens, I will proceed to analyze the "proto-system" dialectic of our subject-treatise, the Ikhtilāf al-ʻIrāqiyyīn (Chapter III). The implications of these analyses will then be explored; and a natural, symbiotic co-evolution of dialectical and legal-theoretical teaching and practice, from the start of the Islamic jurisprudential project, will be asserted (Chapter IV.1). Finally, a "Unified Dialectical Forge Theory" will be developed (Chapter IV.2). This latter is intended as a preliminary working model for the formative dynamic of juridical dialectic in the evolution of uṣūl al-fiqh and jadal systems, both. Overall, it is hoped that our theoretical model, translation of the Ikhtilāf al-ʻIrāqiyyīn, and analyses of its contents, together with the window onto proto-system dialectic and legal theory which these subprojects afford us, will constitute the primary contributions of this dissertation.
