Theories Of Islamic Law
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Theories of Islamic Law
Author | : Imran Ahsan Khan Nyazee |
Publsiher | : International Institute of Rch Institute |
Total Pages | : 372 |
Release | : 1994 |
Genre | : Ijtihād (Islamic law) |
ISBN | : STANFORD:36105026168893 |
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A History of Islamic Legal Theories
Author | : Wael B. Hallaq |
Publsiher | : Cambridge University Press |
Total Pages | : 308 |
Release | : 1997 |
Genre | : Law |
ISBN | : 0521599865 |
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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.
Studies in Islamic Legal Theory
Author | : Bernard G. Weiss |
Publsiher | : BRILL |
Total Pages | : 488 |
Release | : 2002 |
Genre | : Religion |
ISBN | : 9004120661 |
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This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
Islamic Natural Law Theories
Author | : Anver M. Emon |
Publsiher | : Oxford University Press |
Total Pages | : 238 |
Release | : 2010-04-08 |
Genre | : Law |
ISBN | : 9780199579006 |
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This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
Theories of Islamic Law
![Theories of Islamic Law](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Imran Ahsan Khan Nyazee |
Publsiher | : Other Press (Asia) |
Total Pages | : 344 |
Release | : 1994 |
Genre | : Islamic law |
ISBN | : 9839541315 |
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This book presents usul al-fiqh, or Islamic legal theory, as comprising three major theories or methodologies. Each had a distinct function to perform in the development of Islamic law. The first theory is shown to be based on the operation of general principles and the analytical method, the methodology of the second incorporates strict interpretation and analogy, while the third theory is based on the purposes of the Islamic shari'ah. Islamic legal theory is presented here in a manner that reflects the traditional approach, but takes into account the needs of the modern lawyer, judge and scholar.
Islamic Law in Theory
Author | : Anonim |
Publsiher | : BRILL |
Total Pages | : 390 |
Release | : 2014-05-09 |
Genre | : Law |
ISBN | : 9789004265196 |
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
Custom in Islamic Law and Legal Theory
Author | : Ayman Shabana |
Publsiher | : Springer |
Total Pages | : 246 |
Release | : 2010-11-14 |
Genre | : Religion |
ISBN | : 9780230117341 |
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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).
Theories of Islamic Law
![Theories of Islamic Law](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Imran A. Nyazee |
Publsiher | : Unknown |
Total Pages | : 344 |
Release | : 1995-01-01 |
Genre | : Religion |
ISBN | : 0934905665 |
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