The Logic of Law Making in Islam
Title | The Logic of Law Making in Islam PDF eBook |
Author | Behnam Sadeghi |
Publisher | Cambridge University Press |
Pages | 241 |
Release | 2013-02-11 |
Genre | History |
ISBN | 110700909X |
This pioneering study examines the process of reasoning in Islamic law. By analyzing rulings from the Hanafi school, the author interrogates whether sacred law operated differently from secular law, why laws changed, and how different cultural and historical settings impacted on the development of legal rulings. The result is a fascinating overview of the evolution of Islamic law and the role of its jurists.
Law and Tradition in Classical Islamic Thought
Title | Law and Tradition in Classical Islamic Thought PDF eBook |
Author | M. Cook |
Publisher | Springer |
Pages | 594 |
Release | 2013-01-06 |
Genre | Social Science |
ISBN | 1137078952 |
Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
The Principles of Law-making in Islam
Title | The Principles of Law-making in Islam PDF eBook |
Author | Ṣubḥī Rajab Maḥmaṣānī |
Publisher | |
Pages | 102 |
Release | 1961 |
Genre | Comparative law |
ISBN |
Narratives of Islamic Legal Theory
Title | Narratives of Islamic Legal Theory PDF eBook |
Author | Rumee Ahmed |
Publisher | OUP Oxford |
Pages | 192 |
Release | 2012-03-15 |
Genre | Religion |
ISBN | 0199640173 |
In 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.
Narratives of Islamic Legal Theory
Title | Narratives of Islamic Legal Theory PDF eBook |
Author | Rumee Ahmed |
Publisher | OUP Oxford |
Pages | 192 |
Release | 2012-03-15 |
Genre | Law |
ISBN | 0191630144 |
In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.
Law Making in Islam
Title | Law Making in Islam PDF eBook |
Author | Temel Ücüncü |
Publisher | |
Pages | |
Release | 2017 |
Genre | |
ISBN |
"This thesis attempts to challenge the dominant historiography in the field of Islamic law and expand our understanding to show that it is more than just the fiqh of jurists. Jurists' law, characterized as a sacred law, arguably reached its final form in the 10th Century CE as an ideal unchanging theory that is the yardstick for the application of Islamic law. Due to this alleged inability to change and its rigidity, Islamic law failed to accommodate the needs of society and proved impractical for governance and ruling authorities created their own secular legal system. This thesis attempts to overcome the dichotomy of a "sacred" and a "secular" law and instead takes into account the practice of the state, its agents, and the laity as equally legitimate and competing manifestations in the overall discourse of Islamic law. As a result, the law never ceased to evolve, but rather, the subject matter and the institutions of Islamic law kept changing over time. Therefore, Islamic law should be understood as a process where the different actors continue to shape and reshape the "correct" form, content, and application thereof. " --
Maṣlaḥa and the Purpose of the Law
Title | Maṣlaḥa and the Purpose of the Law PDF eBook |
Author | Felicitas Opwis |
Publisher | BRILL |
Pages | 384 |
Release | 2010-05-31 |
Genre | Law |
ISBN | 9004185690 |
Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people’s well-being) as a method of extending and adapting God’s law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God’s law. Discussions on maṣlaḥa’s epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.