Islamic Jurisprudence, Islamic Law, and Modernity
Islamic Jurisprudence, Islamic Law, and Modernity

Author: Mohammad H. Fadel

Publisher: Lockwood Press

Published: 2023-08-01

Total Pages: 433

ISBN-13: 1957454024

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Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies.

Būluṣ ibn Rajāʾ
Būluṣ ibn Rajāʾ

Author: David Bertaina

Publisher: BRILL

Published: 2022-07-04

Total Pages: 348

ISBN-13: 9004517405

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In eleventh-century Egypt, the Christian convert Būluṣ ibn Rajāʾ composed The Truthful Exposer critiquing Islam. This publication includes a study of Ibn Rajāʾ’s biography, his impact on Christian approaches to Islam, and an Arabic edition with English translation of his work.

M.I.D.E.O.
M.I.D.E.O.

Author: Institut dominicain d'études orientales du Caire

Publisher:

Published: 2004

Total Pages: 624

ISBN-13:

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Early Mālikī Law
Early Mālikī Law

Author: Jonathan Brockopp

Publisher: BRILL

Published: 2021-11-08

Total Pages: 334

ISBN-13: 9004492054

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This study presents the first biography of ‘Abd Allāh b. ‘Abd al-ḥakam (d. 214/829), an important figure in the nascent Mālikī school, and introduces his compendium of law. The subject of the Arabic text is the law of slavery, and two chapters examine early Mālikī slave law in the context of other Near Eastern legal codes. The narrow focus on Ibn ‘Abd al-ḥakam and his Compendium is used to refine the distinction between "organic" and "fixed" editions of early legal texts, and also to argue that these texts can be used to reconstruct the thought of even earlier figures, such as Mālik B. Anas (d. 179/795). Early Mālikī Law should be of value to legal historians, scholars of religion and all those working in the developing field of Slave Studies. The valuable conclusions arising from this study of a single legal text indicate the importance of continued analysis of these early documents, both the few that have been published and the many which remain unexplored in manuscript collections.

Status and Preservation of Hadith: Answering the contentions of orientalists, Christian missionaries and modernists on Hadith
Status and Preservation of Hadith: Answering the contentions of orientalists, Christian missionaries and modernists on Hadith

Author: Syed Nooruzuha Barmaver

Publisher: Arriqaaq Publications

Published: 2021-05-25

Total Pages: 180

ISBN-13: 9354735401

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Muslims believe hadith to be an authority and explanation of the Quran. The task of preserving hadith was taken by Allah himself by means of the Sahabah, the Tabieen and then from generation to generation through unique discipline of hadith sciences. The Sahabah understood that the Prophet ( صلى الله عليه وسلم) was the final messenger sent for mankind and that the task of preserving his teachings would fall upon their shoulders. Prophet ( صلى الله عليه وسلم) instructed them to spread his teachings to those who were absent. They used to give great concern to sitting with the Prophet ( صلى الله عليه وسلم) to hear aḥadith from him as much as possible. They would tell each other what they had learnt from the Prophet ( صلى الله عليه وسلم). The Prophet ( صلى الله عليه وسلم) also warned them in strong words about narrating anything from him which is not authentic. At the same time, Prophet ( صلى الله عليه وسلم) had also warned, that it is a major sin to hide knowledge, whenever it is asked for. Prophet ( صلى الله عليه وسلم) did not restrict himself to giving sermons, he ( صلى الله عليه وسلم) also guided the Sahabah practically. Whenever they learnt anything from the Prophet ( صلى الله عليه وسلم) they spared no effort to bring it into practice. A Large number of the Sahabah wrote down ahadith and compiled Sahifas (booklets) after hearing them from the Prophet ( صلى الله عليه وسلم). A number of young companions devoted themselves to attaining knowledge and then passed it down to the following generations. Tabieen followed the example of Sahabah in preserving ahadith, for example, Urwah bin Zubair (nephew of Aisha), Nafi Mawla of Abdullah bin Umar and Thabit bin Aslam al-Bunani spent forty years with Anas bin Malik. Also, Amra bint Abdirrahman grew up with Aisha learning ahadith. Like the Sahabah, the Tabieen also collected and compiled ahadith in booklets which were incorporated in books by the next generation and most of those that survive today are in that form as part of other larger books like Musnad Ahmad, Saheeh al-Bukhari, Saheeh Muslim, four Sunan and so on. Scholars of ḥadith from the time of the Tabieen developed the science of al-Jarḥ wa Tadeel. This is the science of examining the narrations of different narrators to make a determination about their trustworthiness and thus authenticity of their narrations.

Genealogy and Knowledge in Muslim Societies
Genealogy and Knowledge in Muslim Societies

Author: Sarah Bowen Savant

Publisher: Edinburgh University Press

Published: 2014-04-08

Total Pages: 192

ISBN-13: 0748644989

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These case studies link genealogical knowledge to particular circumstances in which it was created, circulated and promoted. They stress the malleability of kinship and memory, and the interests this malleability serves. From the Prophet's family tree to the present, ideas about kinship and descent have shaped communal and national identities in Muslim societies. So an understanding of genealogy is vital to our understanding of Muslim societies, particularly with regard to the generation, preservation and manipulation of genealogical knowledge.

Analysing Muslim Traditions
Analysing Muslim Traditions

Author: Nicolet Boekhoff- van der Voort

Publisher: BRILL

Published: 2010

Total Pages: 520

ISBN-13: 9004180494

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Since its inception, the study of ad th conducted by scholars trained in the Western academic tradition has been marked by sharp methodological debates. A focal issue is the origin and development of traditions on the advent of Islam. Scholars' verdicts on these traditions have ranged from late fabrications without any historical value for the time concerning which the narrations purport to give information to early, accurately transmitted texts that allow one to reconstruct Islamic origins . Starting from previous contributions to the debate, the studies collected in this volume show that, by careful analysis of their texts and chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability and their historicity assessed afresh.