Islamic Legal Interpretation

Islamic Legal Interpretation

Author: Muhammad Khalid Masud

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 450

ISBN-13: 9780195979114

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Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.


The Anthropology of Islamic Law

The Anthropology of Islamic Law

Author: Aria Nakissa

Publisher: Oxford University Press

Published: 2019-04-05

Total Pages: 329

ISBN-13: 0190932899

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The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.


Doubt in Islamic Law

Doubt in Islamic Law

Author: Intisar A. Rabb

Publisher: Cambridge University Press

Published: 2015

Total Pages: 431

ISBN-13: 1107080991

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This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.


Text and Interpretation

Text and Interpretation

Author: Hossein Modarressi

Publisher: Harvard Series in Islamic Law

Published: 2022

Total Pages: 0

ISBN-13: 9780674271890

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Text and Interpretation: Imam Ja'far al-Sadiq and his Legacy in Islamic Law examines the main characteristics of the legal thought of Imam Ja'far al-Sadiq, a preeminent religious scholar and jurist of Medina in the first half of the second centuty of the Islamic calendar (mid-eighth century CE), Numerous works in different languages have appeared over the past half century to introduce this school of Islamic law and its history, legal theory, and substance in contexts of Shi'i law. While previous literature has focused on the later stages of the school in its developed and expanded form, this book presents an intellectual history of how the school began. The Ja'fari school emerged within the general legal discourse of late Umayyad and early Abbasid periods, but it was known to differ in certain approaches from the other main legal schools of that time. In addition to sketching the origins of the school, this book examines Ja'far al-Sadiq's interpretive approach through detailing his position on a number of specific questions, as well as the legal canons, presumptions, and other interpretive tools he adopted. Book jacket.


The Spirit of Islamic Law

The Spirit of Islamic Law

Author: Bernard G. Weiss

Publisher: University of Georgia Press

Published: 2006

Total Pages: 233

ISBN-13: 0820328278

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Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.


Language and the Interpretation of Islamic Law

Language and the Interpretation of Islamic Law

Author: Sukrija Husejn Ramic

Publisher:

Published: 2003

Total Pages: 239

ISBN-13: 9780946621866

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One of the most important branches of principles of Islamic jurisprudence ('usul al-fiqh') is the study of the usage of language. 'Language and the Interpretation of Islamic Law' is the first work to appear in English dealing with this important aspect of Islamic law.


The Oxford Handbook of Islamic Law

The Oxford Handbook of Islamic Law

Author: Anver M. Emon

Publisher:

Published: 2018

Total Pages: 1009

ISBN-13: 0199679010

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A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.


Islamic Law and International Law

Islamic Law and International Law

Author: Emilia Justyna Powell

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 329

ISBN-13: 0190064633

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"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--


Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

Author: Ahmad Al-Raysuni

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2005-01-01

Total Pages: 482

ISBN-13: 1565644123

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With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.


Routledge Handbook of Islamic Law

Routledge Handbook of Islamic Law

Author: Khaled Abou El Fadl

Publisher: Routledge

Published: 2019-05-10

Total Pages: 636

ISBN-13: 1317622448

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This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.