The Formation Of The Sunni Schools Of Law 9th 10th Centuries C E
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The Formation of the Sunni Schools of Law by Christopher Melchert Pdf
Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.
The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E. by Christopher Melchert Pdf
The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and ḥadīth. No school had a regular means of forming students. Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallāl (d. 311/923), and a series of ḥanafī teachers ending with al-Karkhī (d. 340/952). Mālikism prospered in the West for political reasons, while the ẓāhirī and Jarīrī schools faded out due to their refusal to adopt the common new teaching methods. In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.
The Ẓāhirī Madhhab (3rd/9th-10th/16th Century) by Amr Osman Pdf
In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
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.
The Formation of Islam by Jonathan Porter Berkey Pdf
Jonathan Berkey's 2003 book surveys the religious history of the peoples of the Near East from roughly 600 to 1800 CE. The opening chapter examines the religious scene in the Near East in late antiquity, and the religious traditions which preceded Islam. Subsequent chapters investigate Islam's first century and the beginnings of its own traditions, the 'classical' period from the accession of the Abbasids to the rise of the Buyid amirs, and thereafter the emergence of new forms of Islam in the middle period. Throughout, close attention is paid to the experiences of Jews and Christians, as well as Muslims. The book stresses that Islam did not appear all at once, but emerged slowly, as part of a prolonged process whereby it was differentiated from other religious traditions and, indeed, that much that we take as characteristic of Islam is in fact the product of the medieval period.
History and Identity in the Late Antique Near East by Philip Wood Pdf
This volume arose out of a seminar series organised at the Classics Centre of Corpus Christi College, Oxford in 2009 and a subsequent workshop in 2010.
Islamic Societies to the Nineteenth Century by Ira M. Lapidus Pdf
First published in 1988, Ira Lapidus' A History of Islamic Societies has become a classic in the field, enlightening students, scholars, and others with a thirst for knowledge about one of the world's great civilizations. This book, based on fully revised and updated parts one and two of this monumental work,describes the transformations of Islamic societies from their beginning in the seventh century, through their diffusion across the globe, into the challenges of the nineteenth century. The story focuses on the organization of families and tribes, religious groups and states, showing how they were transformed by their interactions with other religious and political communities. The book concludes with the European commercial and imperial interventions that initiated a new set of transformations in the Islamic world, and the onset of the modern era. Organized in narrative sections for the history of each major region, with innovative, analytic summary introductions and conclusions, this book is a unique endeavour.
This well-rounded introduction takes an expansive view of Islamic ideology, culture, and tradition, sourcing a range of historical, sociological, and literary perspectives.
Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition by Talal Al-Azem Pdf
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.
Hadith, Piety, and Law by Christopher Melchert Pdf
The publication of The Formation of the Sunni Schools of Law, Ninth-Tenth Centuries C.E., first as a University of Pennsylvania doctoral dissertation in 1992, and subsequently as a monograph in 1997 (Studies in Islamic Law and Society, Brill), established Christoph Melchert as a preeminent scholar of the history of Islamic law and institutions. Through close readings of works on fiqh, meticulous unpacking of data in biographical dictionaries, and careful attention to curricular, pious, pedagogical, and scholarly practices, Melchert has subsequently illuminated the processes and procedures that undergirded the development of Islamic movements and institutions in the formative period of Islam. The present volume brings together sixteen of his articles, including those considered his most important as well as ones that are difficult to access. Originally published between 1997 and 2014, they are arranged chronologically under three rubrics-hadith, piety, and law. The material is presented in a new format, updated by Melchert where appropriate, and indexed. The appearance of these articles together in a single volume makes this book a highly significant and welcome contribution to the field of classical Islamic Studies.
Sharia Law In The Twenty-first Century by Muhammad Khalid Masud Pdf
Sharia Law in the Twenty-First Century consists of concise, detailed analytical studies on current critical discussions of Sharia in the Western and Muslim legal traditions. Contributors to this volume are well-known academics in their fields and have been at the forefront of critical studies on various aspects of Islamic law. Breaking new ground for understanding the dynamics of law and society, most contributors in this volume have influenced current academic discourse on Sharia.The chapters contained within this volume find that globalism and Sharia have been posing challenges to one another. These respective challenges are studied from the perspectives of theory, history and the diverse contexts in which Sharia developed during the twenty-first century. The approach in this book is overall contextual with reference to time and place. For accessibility, unlike other books on Islamic law, Sharia Law in the Twenty-First Century has minimal footnotes and reduced diacritical marks, but offers an essential glossary in an appendix.
Pragmatism in Islamic Law by Ahmed Fekry Ibrahim Pdf
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as "pragmatic eclecticism," emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munā.zara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Is.hāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
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.