In this volume, two classical texts of legal theory (usūl al-fiqh) are analysed. The authors of these works belonged to two schools of Shī‘ī jurisprudence: Yūsuf al-Baḥrānī (d. 1186/1772) was a key figure in the Akhbārī school, and his adversary, Muḥammad Bāqir al-Bihbahāanī (d. 1206/1791-2) was credited with the revival of the Usūli school and the defeat of Akhbarism after Baḥrānī's death. Through a comparison of the two writers' theories, this work describes the major areas of dispute between the two schools, examining how their different epistemologies lead to different conceptions of the sources and interpretation of the Sharī‘a, God's law for humanity. This work will, then, be of interest to historians of Islamic thought generally, and Shī‘ī thought and Islamic legal theory, in particular.
Edited by Oussama Arabi, Haigazian University, David S. Powers, Cornell University, and Susan A. Spectorsky, Queens College, City University of New York
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and ...
This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture.
English translations of modern legal documents from the Judean Desert cast light on the Islamization of the tribal customary law in the tribal judge’s precinct. This book is intended for students of Islamic law, of customary law and comparative law, legal, social and economic historians, and ...
Muhammad Al Atawneh
This book examines Dār al-Iftā, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahhābī interpretations of the Shari'a to late twentieth-century modernity.
Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maṣlaḥa as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God’s law.
Joseph E. Lowry
This book offers a comprehensive reinterpretation of Shāfiʿī’s Risāla and shows how Shāfiʿī sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna.
The book examines the drafting of the Egyptian Civil Code of 1949, exposing its unknown sociological strata, under the leadership of Dr. ‘Abd al-Razzāq al-Sanhūrī, one of the most prominent jurist to emerge to date in the Arab world.
Edited by Ron Shaham
This collective volume deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them.
Ahmad Atif Ahmad
This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.
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