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Author: Joseph Edmund Lowry
Publisher: BRILL
Published: 2007
Total Pages: 460
ISBN-13: 9004163603
DOWNLOAD EBOOKThis book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.
Author: Bernard G. Weiss
Publisher: BRILL
Published: 2002
Total Pages: 488
ISBN-13: 9789004120662
DOWNLOAD EBOOKThis volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Published: 1997
Total Pages: 308
ISBN-13: 9780521599863
DOWNLOAD EBOOKWael 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: Ayman Shabana
Publisher: Springer
Published: 2010-11-14
Total Pages: 272
ISBN-13: 0230117341
DOWNLOAD EBOOKThis 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: Rumee Ahmed
Publisher: OUP Oxford
Published: 2012-03-15
Total Pages: 192
ISBN-13: 0199640173
DOWNLOAD EBOOKIn this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.
Author: Wael B. Hallaq
Publisher: Routledge
Published: 1994
Total Pages: 356
ISBN-13:
DOWNLOAD EBOOKThis work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.
Author: Noel Coulson
Publisher: Edinburgh University Press
Published: 2014-03-11
Total Pages: 280
ISBN-13: 0748696490
DOWNLOAD EBOOKThe classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author: al-Qāḍī al-Nuʿmān
Publisher: NYU Press
Published: 2015-01-19
Total Pages: 446
ISBN-13: 0814771424
DOWNLOAD EBOOKA masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.
Author: Mashood A. Baderin
Publisher: Routledge
Published: 2017-03-02
Total Pages: 376
ISBN-13: 1351925903
DOWNLOAD EBOOKIslamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Author: Lena Salaymeh
Publisher: Cambridge University Press
Published: 2016-11-14
Total Pages: 257
ISBN-13: 1107133025
DOWNLOAD EBOOKThis is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
