Islamic Natural Law Theories

Author : Anver M. Emon
Publisher : Oxford University Press
Page : 238 pages
File Size : 51,8 Mb
Release : 2010-04-08
Category : Law
ISBN : 9780199579006

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Islamic Natural Law Theories by Anver M. Emon Pdf

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.

Author : Abū al-Faz̤l ʻIzzatī
Publisher : Saqi Books
Page : 242 pages
File Size : 48,7 Mb
Release : 2002
Category : Law
ISBN : UOM:39015056200473

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Islam and Natural Law by Abū al-Faz̤l ʻIzzatī Pdf

Aristotle, Kant, Marx, and Tabari are only a few of the many world thinkers whom Abul-Fazl Ezzati explores in his sweeping history and analysis of natural law. While this work distinguishes itself from other similar works by its detailed treatment of natural law in Islamic thought, it engages with both Islamic and Western discourse, with topics such as human rights, the inherent human nature, and rationality. The result is an insightful, all-encompassing treatment of human rights and the human beings physical, rational, emotional, and spiritual needs.

Author : Anver M. Emon,Matthew Levering,David Novak
Publisher : Oxford University Press
Page : 257 pages
File Size : 54,5 Mb
Release : 2014-03
Category : Law
ISBN : 9780198706601

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Natural Law by Anver M. Emon,Matthew Levering,David Novak Pdf

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Author : R. Charles Weller,Anver M. Emon
Publisher : Springer Nature
Page : 174 pages
File Size : 46,6 Mb
Release : 2021-02-24
Category : Religion
ISBN : 9789811562457

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Reason, Revelation and Law in Islamic and Western Theory and History by R. Charles Weller,Anver M. Emon Pdf

This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.

Author : Jonathan Crowe,Constance Youngwon Lee
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 54,9 Mb
Release : 2019
Category : Law
ISBN : 9781788110044

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Research Handbook on Natural Law Theory by Jonathan Crowe,Constance Youngwon Lee Pdf

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.

Author : Omar Farahat
Publisher : Cambridge University Press
Page : 259 pages
File Size : 52,6 Mb
Release : 2019-01-31
Category : History
ISBN : 9781108476768

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The Foundation of Norms in Islamic Jurisprudence and Theology by Omar Farahat Pdf

This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.

Author : Ayman Shabana
Publisher : Springer
Page : 246 pages
File Size : 51,8 Mb
Release : 2010-11-14
Category : Religion
ISBN : 9780230117341

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Custom in Islamic Law and Legal Theory by Ayman Shabana Pdf

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Author : Robert Gleave,Eugenia Kermeli
Publisher : I.B.Tauris
Page : 264 pages
File Size : 47,5 Mb
Release : 1997-12-31
Category : Law
ISBN : UOM:35112202323798

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Islamic Law by Robert Gleave,Eugenia Kermeli Pdf

This book deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a wide range of societies. The book also focuses on the role of Ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa

Author : Wael B. Hallaq
Publisher : Cambridge University Press
Page : 308 pages
File Size : 44,8 Mb
Release : 1997
Category : Law
ISBN : 0521599865

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A History of Islamic Legal Theories by Wael B. Hallaq Pdf

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 : Ahmad Atif Ahmad
Publisher : BRILL
Page : 234 pages
File Size : 50,5 Mb
Release : 2006-05-01
Category : Law
ISBN : 9789047409168

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Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif Ahmad Pdf

This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.

Author : Imran Ahsan Khan Nyazee
Publisher : International Institute of Rch Institute
Page : 372 pages
File Size : 53,8 Mb
Release : 1994
Category : Ijtihād (Islamic law)
ISBN : STANFORD:36105026168893

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Theories of Islamic Law by Imran Ahsan Khan Nyazee Pdf

Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
Page : 177 pages
File Size : 51,5 Mb
Release : 2021
Category : Islamic law
ISBN : 9780199665594

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Islamic Law by Mashood A. Baderin Pdf

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

Author : Luqman Zakariyah
Publisher : BRILL
Page : 247 pages
File Size : 40,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9789004304871

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Legal Maxims in Islamic Criminal Law: Theory and Applications by Luqman Zakariyah Pdf

Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Author : Anver M. Emon
Publisher : OUP Oxford
Page : 384 pages
File Size : 49,8 Mb
Release : 2012-07-26
Category : Law
ISBN : 9780191637742

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Religious Pluralism and Islamic Law by Anver M. Emon Pdf

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.

Author : T. J. Hochstrasser
Publisher : Cambridge University Press
Page : 270 pages
File Size : 40,8 Mb
Release : 2000-09-14
Category : Political Science
ISBN : 9781139435307

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Natural Law Theories in the Early Enlightenment by T. J. Hochstrasser Pdf

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy.