The Epistle on Legal Theory
The Epistle on Legal Theory

Author: Muhammad ibn Idris al-Shafi'i

Publisher: NYU Press

Published: 2015-10-15

Total Pages: 385

ISBN-13: 1479809020

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The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . This new translation by a leading scholar of al-Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. An English-only edition.

The Epistle on Legal Theory
The Epistle on Legal Theory

Author: al-Shafii

Publisher: NYU Press

Published: 2013-02-04

Total Pages: 544

ISBN-13: 0814769985

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The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur’an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.

The Epistle on Legal Theory
The Epistle on Legal Theory

Author: Muhammad ibn Idris al-Shafi'i

Publisher: NYU Press

Published: 2013-02-14

Total Pages: 545

ISBN-13: 0814769942

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A modern translation of a foundational document of Islamic jurisprudence The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general. The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. A bilingual Arabic-English edition.

Early Islamic Legal Theory
Early Islamic Legal Theory

Author: Joseph Edmund Lowry

Publisher: BRILL

Published: 2007

Total Pages: 460

ISBN-13: 9004163603

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This 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.

Disagreements of the Jurists
Disagreements of the Jurists

Author: al-Qāḍī al-Nuʿmān

Publisher: NYU Press

Published: 2015-01-19

Total Pages: 446

ISBN-13: 0814771424

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A 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.

Custom in Islamic Law and Legal Theory
Custom in Islamic Law and Legal Theory

Author: Ayman Shabana

Publisher: Springer

Published: 2010-11-14

Total Pages: 272

ISBN-13: 0230117341

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This 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).

Hermeneutics in the Genre of Mukhta?ar
Hermeneutics in the Genre of Mukhta?ar

Author: Husain Kassim

Publisher: Rowman & Littlefield

Published: 2018-12-31

Total Pages: 265

ISBN-13: 149851216X

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This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtaṣar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtaṣar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtaṣar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtaṣar continue the hermeneutical formation of Islamic legal system.

A History of Islamic Legal Theories
A History of Islamic Legal Theories

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 1997

Total Pages: 308

ISBN-13: 9780521599863

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Wael 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.

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.

The Life of Ibn Ḥanbal
The Life of Ibn Ḥanbal

Author: Ibn al-Jawzī

Publisher: NYU Press

Published: 2016-10-04

Total Pages: 471

ISBN-13: 1479870390

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The Life of Ibn Ḥanbal is a translation of the biography of Ibn Hanbal by the Baghdad preacher, scholar, and storyteller Ibn al-Jawzī (d. 597/1200), newly abridged for a paperback readership by translator Michael Cooperson. Aḥmad ibn Ḥanbal (d. 241/855), renowned for his profound knowledge of hadiths—the reports of the Prophet’s sayings and deeds—is a major figure in the history of Islam. He was famous for living according to his own strict interpretation of the Prophetic model and for denying himself the most basic comforts, even though his family was prominent and his city, Baghdad, was then one of the wealthiest in the world. Ibn Ḥanbal’s piety and austerity made him a folk hero, especially after he resisted the attempts of two caliphs to force him to accept rationalist doctrine. His subsequent imprisonment and flogging is one of the most dramatic episodes of medieval Islamic history, and his principled resistance influenced the course of Islamic law, the rise of Sunnism, and the legislative authority of the caliphate. Set against the background of fierce debates over the role of reason and the basis of legitimate government, The Life of Ibn Ḥanbal tells the formidable life tale of one of the most influential Muslims in history. An English-only edition.