Authority, Continuity and Change in Islamic Law

Authority, Continuity and Change in Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2001-07-02

Total Pages: 285

ISBN-13: 0521803314

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Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.


Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author: Rainer Grote

Publisher: Oxford University Press, USA

Published: 2012-02-16

Total Pages: 755

ISBN-13: 019975988X

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.


The Impossible State

The Impossible State

Author: Wael B. Hallaq

Publisher: Columbia University Press

Published: 2012-11-20

Total Pages: 273

ISBN-13: 0231530862

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Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.


An Introduction to Islamic Law

An Introduction to Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 209

ISBN-13: 1139489305

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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.


History of Islamic Law

History of Islamic Law

Author: Noel Coulson

Publisher: Edinburgh University Press

Published: 2014-03-11

Total Pages: 280

ISBN-13: 0748696490

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


Shari’a

Shari’a

Author: Abbas Amanat

Publisher: Stanford University Press

Published: 2007-09-17

Total Pages: 265

ISBN-13: 0804779538

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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.


Modern Challenges to Islamic Law

Modern Challenges to Islamic Law

Author: Shaheen Sardar Ali

Publisher: Cambridge University Press

Published: 2016-10-06

Total Pages: 329

ISBN-13: 1107033381

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This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.


The Development of Islamic Law and Society in the Maghrib

The Development of Islamic Law and Society in the Maghrib

Author: David Stephan Powers

Publisher: Routledge

Published: 2011

Total Pages: 0

ISBN-13: 9781409403708

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The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.


Islam and Good Governance

Islam and Good Governance

Author: M. A. Muqtedar Khan

Publisher: Springer

Published: 2019-04-08

Total Pages: 294

ISBN-13: 1137548320

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This book advances an Islamic political philosophy based on the concept of Ihsan, which means to do beautiful things. The author moves beyond the dominant model of Islamic governance advanced by modern day Islamists. The political philosophy of Ihsan privileges process over structure, deeds over identity, love over law and mercy and forgiveness over retribution. The work invites Muslims to move away from thinking about the form of Islamic government and to strive to create a self-critical society that defends national virtue and generates institutions and practices that provide good governance.


Islam, Authoritarianism, and Underdevelopment

Islam, Authoritarianism, and Underdevelopment

Author: Ahmet T. Kuru

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 323

ISBN-13: 1108419097

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Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.