Islamic Jurisprudence In The Classical Era

Author : Norman Calder
Publisher : Unknown
Page : 233 pages
File Size : 45,6 Mb
Release : 2010
Category : Electronic books
ISBN : 1107202620

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Islamic Jurisprudence in the Classical Era by Norman Calder Pdf

"Ten years after his untimely death, Norman Calder is still considered a luminary in the field of Islamic law. At the time he was one among a handful of scholars from the West who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society, and Dr. Calder's work is integral to that engagement. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and are to be particularly welcomed for giving clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances. In his introduction to the volume, Robert Gleave assesses the place and importance of Norman Calder's work in the field of Islamic legal studies. This is a groundbreaking book from one of the most important scholars of his generation"--Provided by publisher.

Author : Norman Calder
Publisher : Cambridge University Press
Page : 243 pages
File Size : 52,5 Mb
Release : 2010-03-22
Category : Law
ISBN : 9781139485715

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Islamic Jurisprudence in the Classical Era by Norman Calder Pdf

Norman Calder is still considered a luminary in the field of Islamic law. He was one among a handful of Western scholars who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and give clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances.

Author : Wael B. Hallaq
Publisher : Routledge
Page : 340 pages
File Size : 53,7 Mb
Release : 2022-02-23
Category : History
ISBN : 9781000585049

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Law and Legal Theory in Classical and Medieval Islam by Wael B. Hallaq Pdf

These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. There follows a set of primarily historical studies, which question a series of widely held assumptions, while the last items explore issues of legal theory and methodology. One particular topic concerns the role of Shafi'i as the ’master architect’ of Islamic legal theory, and Professor Hallaq would finally argue that this image is in fact false and a creation of later centuries.

Author : N. Coulson
Publisher : Routledge
Page : 272 pages
File Size : 40,8 Mb
Release : 2017-07-12
Category : Religion
ISBN : 9781351535298

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A History of Islamic Law by N. Coulson Pdf

Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

Author : Wael B. Hallaq
Publisher : Routledge
Page : 458 pages
File Size : 42,6 Mb
Release : 2016-12-05
Category : History
ISBN : 9781351889544

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The Formation of Islamic Law by Wael B. Hallaq Pdf

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.

Author : Susan Ann Spectorsky
Publisher : BRILL
Page : 235 pages
File Size : 52,7 Mb
Release : 2010
Category : Social Science
ISBN : 9789004174351

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Women in Classical Islamic Law by Susan Ann Spectorsky Pdf

Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

Author : Noel Coulson
Publisher : Edinburgh University Press
Page : 272 pages
File Size : 42,9 Mb
Release : 2014-03-11
Category : Law
ISBN : 9780748696499

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History of Islamic Law by Noel Coulson Pdf

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

Author : Noel James Coulson
Publisher : Unknown
Page : 142 pages
File Size : 43,7 Mb
Release : 1979
Category : Islamic law
ISBN : UIUC:30112020360225

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A History of Islamic Law by Noel James Coulson Pdf

Author : Hisham M. Ramadan
Publisher : Rowman Altamira
Page : 236 pages
File Size : 54,7 Mb
Release : 2006
Category : Law
ISBN : 0759109915

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Understanding Islamic Law by Hisham M. Ramadan Pdf

Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

Author : Zulfiqar Ali Shah
Publisher : IIIT
Page : 204 pages
File Size : 46,9 Mb
Release : 2014
Category : Culture and law
ISBN : 9781565644830

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Ifta' and Fatwa in the Muslim World and the West by Zulfiqar Ali Shah Pdf

During the formative classical period of Islamic jurisprudence, wellknown scholars possessed not only the intellectual skills required for analytic reasoning, but also a broad general knowledge of the fi elds relevant to the cultural contexts in which they issued their edicts. A viable fatwa requires knowledge of the Shari‘ah as well as local customs, cultural realities, individual and communal implications, and related matters. The original juristic tradition was formulated and fi xed during the fi rst three Islamic centuries, a time of widespread sociopolitical turmoil. Of course, the jurists’ legal outlooks and thinking processes could not have escaped this reality. While Muslims of the prophetic and rāshidūn periods adhered closely to the authentic texts due to their sincerity, piety, prophetic training, and proximity to the revelation, the changing environment in which their descendants functioned gradually started to impact how the authentic texts were understood, interpreted, paraphrased, and implemented. Both the Muslim and the non-Muslim worlds have drastically changed since that time. The new geopolitical and scientifi c realities of our rapidly changing world demand a fresh look at some aspects of the established juristic tradition. The way forward involves a systematic fresh look at and reevaluation of the old fatwas, as well as the issuance of new ones with a maqāsidī outlook that can deal successfully with today’s ever-changing global realities. In this edited volume, papers on fatwa and iftā’ point to an approach that is both rooted in the Islamic legacy and committed to meeting the challenges of the modern world.

Author : Harald Motzki
Publisher : BRILL
Page : 354 pages
File Size : 50,7 Mb
Release : 2002
Category : History
ISBN : 9004121315

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The Origins of Islamic Jurisprudence by Harald Motzki Pdf

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 : Paul R. Powers
Publisher : BRILL
Page : 249 pages
File Size : 55,9 Mb
Release : 2006
Category : Religion
ISBN : 9789004145924

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Intent in Islamic Law by Paul R. Powers Pdf

This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

Author : Omer Awass
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,6 Mb
Release : 2023-05-31
Category : Religion
ISBN : 9781009260909

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Fatwa and the Making and Renewal of Islamic Law by Omer Awass Pdf

Examines different persons, periods, places, and principles to weave a narrative about a practice that spawned a legal tradition.

Author : George Makdisi
Publisher : Routledge
Page : 337 pages
File Size : 45,9 Mb
Release : 2022-02-23
Category : History
ISBN : 9781000585063

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Religion, Law and Learning in Classical Islam by George Makdisi Pdf

This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of ’orthodoxy’. The author aims to review and re-assess the implications of the conflict between, first, the ’rationalist’ and the ’traditional’ theologians (the one accepting the influence of Greek philosophy, the other rejecting it), and then between one of these traditionalist schools - the Hanbali school of law - and Sufi mysticism. One of the most important consequences of the first of these confrontations, he contends, was the emergence of the schools of law as the guardians of the faith and theological orthodoxy. The final section of the book also looks at the structure of legal learning, at the institutions themselves, their organization and the principles upon which they operated. As well as entering the debate over the existence of corporations and guilds of law in classical Islam - maintaining that they did exist - these articles further suggest links between such institutions and the evolution of universities in the medieval West, and the Inns of Court in England, and discuss the Islamic and Arabic contribution to the concepts of academic amd intellectual freedom and to the development of scholasticism and humanism. Cette deuxième sélection d'articles de George Makdisi se concentre sur les écoles de pensée religieuse et d'apprentissage juridique dans le monde islamique médiéval et leur défense de « l'orthodoxie ». L'auteur entend passer en revue et réévaluer les implications du conflit entre d'abord les théologiens « rationalistes » et « traditionnels » (l'un acceptant l'influence de la philosophie grecque, l'autre la rejetant), puis entre l'un d'eux écoles traditionalistes - l'école de droit Hanbali - et le mysticisme soufi. L'une des conséquences les plus importantes de la première de ces confrontations, soutient-il, a été l'émergence des écoles de droit en tant que gardiennes de la foi et de l'orthodoxie théologique. La dernière section du livre examine également la structure de l'apprentissage juridique, les institutions elles-mêmes, leur organisation et les principes sur lesquels elles fonctionnent. En plus d'entrer dans le débat sur l'existence des corporations et des guildes de la loi dans l'Islam classique - maintenant qu'elles existaient - ces articles suggèrent en outre des liens entre de telles institutions et l'évolution des universités dans l'Occident médiéval, et les Inns of Court en Angleterre. , et discuter de la contribution islamique et arabe aux concepts de liberté académique et intellectuelle et au développement de la scolastique et de l'humanisme.

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 53,5 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.