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Author : Muhammad Khalid Masud,Brinkley Morris Messick,David Stephan Powers
Publisher : Oxford University Press, USA
Page : 450 pages
File Size : 52,8 Mb
Release : 2005
Category : Law
ISBN : 0195979117
Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.
Author : Aria Nakissa
Publisher : Oxford University Press
Page : 304 pages
File Size : 43,5 Mb
Release : 2019-04-05
Category : Law
ISBN : 9780190932893
The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.
Author : Hossein Modarressi
Publisher : Harvard Series in Islamic Law
Page : 0 pages
File Size : 52,6 Mb
Release : 2022
Category : History
ISBN : 0674271890
Text and Interpretation: Imam Ja'far al-Sadiq and his Legacy in Islamic Law examines the main characteristics of the legal thought of Imam Ja'far al-Sadiq, a preeminent religious scholar and jurist of Medina in the first half of the second centuty of the Islamic calendar (mid-eighth century CE), Numerous works in different languages have appeared over the past half century to introduce this school of Islamic law and its history, legal theory, and substance in contexts of Shi'i law. While previous literature has focused on the later stages of the school in its developed and expanded form, this book presents an intellectual history of how the school began. The Ja'fari school emerged within the general legal discourse of late Umayyad and early Abbasid periods, but it was known to differ in certain approaches from the other main legal schools of that time. In addition to sketching the origins of the school, this book examines Ja'far al-Sadiq's interpretive approach through detailing his position on a number of specific questions, as well as the legal canons, presumptions, and other interpretive tools he adopted. Book jacket.
Author : Intisar A. Rabb
Publisher : Cambridge University Press
Page : 431 pages
File Size : 42,7 Mb
Release : 2015
Category : History
ISBN : 9781107080997
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Author : Robert Gleave
Publisher : Edinburgh University Press
Page : 212 pages
File Size : 47,5 Mb
Release : 2013-09-26
Category : Religion
ISBN : 9780748655540
An investigatigation of the phenomenon of literal interpretation in Islam, which proposes the literal meaning as the only acceptable one. It focuses on the tradition of Muslim legal writings, and also makes reference to Quranic exegesis (tafsir) and Arabi
Author : Sukrija Husejn Ramic,Shukrī Ḥusayn Rāmītsh Būsnawī
Publisher : Unknown
Page : 239 pages
File Size : 51,9 Mb
Release : 2003
Category : Language Arts & Disciplines
ISBN : 0946621861
One of the most important branches of principles of Islamic jurisprudence ('usul al-fiqh') is the study of the usage of language. 'Language and the Interpretation of Islamic Law' is the first work to appear in English dealing with this important aspect of Islamic law.
Author : Ahmed Affi,Hassan Affi
Publisher : Troubador Publishing Ltd
Page : 304 pages
File Size : 52,5 Mb
Release : 2014
Category : Law
ISBN : 9781783062133
This book does not champion some of the popular misconceptions surrounding Islamic law. It does not advocate stoning to death; amputating the hands of thieves; call for the death penalty for those who leave the fold of Islam; or urge Muslims to save their souls from Hellfire by shunning bank loans for fear of incurring interest. What it does advocate is less sensationalistic, but it is in line with the real interpretation of Islamic law.Contemporary Interpretation of Islamic Law is divided into thirteen chapters. The majority of the chapters concentrate on criminal aspects of Islamic law, while the remainder concern themselves with social issues. Each chapter – where possible – provides background information of the topic under discussion and then proceeds to analyse, examine and critique the contentious parts of the topic, looking at the arguments from all sides and the evidence put forward by each side before arriving at a conclusion. The book is accompanied by a glossary. “Our work differs from other published titles on Islamic law as it takes into account the different aspects of the Qur’an. The Qur’an employs many parables, allegories and metaphors to highlight important messages for Mankind, yet jurists often make the common mistake of either omitting or misinterpreting these devices, resulting in inaccurate and often unlawful rulings which have direct and indirect effects on both Muslims and non-Muslims alike. It is hoped that our work will create a better understanding of the correct interpretation of the Qur’an and Islamic law,” says authors Ahmed Affi and Hassan Affi. Contemporary Interpretation of Islamic Law will appeal to those with an interest is Islam and Islamic law, though no specialist knowledge of Arabic or Islamic law is required.
Author : Bernard G. Weiss
Publisher : University of Georgia Press
Page : 233 pages
File Size : 48,8 Mb
Release : 2006
Category : Law
ISBN : 9780820328270
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Author : Aria Nakissa
Publisher : Oxford University Press
Page : 304 pages
File Size : 49,8 Mb
Release : 2019-04-05
Category : Law
ISBN : 9780190932909
The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.
Author : David Powers,Susan Spectorsky,Oussama Arabi
Publisher : BRILL
Page : 606 pages
File Size : 50,6 Mb
Release : 2013-10-09
Category : Law
ISBN : 9789004255883
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Author : Muhammad ibn Idris al-Shafi'i
Publisher : NYU Press
Page : 368 pages
File Size : 45,5 Mb
Release : 2015-10-15
Category : Literary Collections
ISBN : 9781479809028
The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . This new translation by a leading scholar of Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.
Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 55,8 Mb
Release : 2019
Category : Law
ISBN : 9780190064631
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author : Roja Fazaeli
Publisher : Routledge
Page : 233 pages
File Size : 50,5 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781315411439
This book explores the contentious topic of women’s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women’s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women’s rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.
Author : Johanna Pink
Publisher : Equinox Publishing (UK)
Page : 128 pages
File Size : 48,7 Mb
Release : 2018
Category : Qurʼan
ISBN : 1781791449
Author : Wael B. Hallaq
Publisher : Cambridge University Press
Page : 209 pages
File Size : 47,5 Mb
Release : 2009-07-09
Category : Law
ISBN : 9781139489300
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
