The Origins Of Islamic Law

Author: Yasin Dutton
Editor: Psychology Press
ISBN: 9780700716692
File Size: 78,83 MB
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If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.

The Origins Of Islamic Jurisprudence

Author: Harald Motzki
Editor: BRILL
ISBN: 9789004121317
File Size: 13,81 MB
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Based on a new source, this study reconstructs for the first time the early development of Islamic jurisprudence at Mecca and challenges the current view of scholarship concerning the origins of Islamic jurisprudence.

The Origins Of Islamic Law

Author: Yasin Dutton
Editor: Routledge
ISBN: 1136110747
File Size: 73,59 MB
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If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.

Roman Provincial And Islamic Law

Author: Patricia Crone
Editor: Cambridge University Press
ISBN: 9780521529495
File Size: 57,53 MB
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This book tests the hypothesis that Roman law was a formative influence on Islamic law.

The Origins And Evolution Of Islamic Law

Author: Wael B. Hallaq
Editor: Cambridge University Press
ISBN: 9780521005807
File Size: 74,96 MB
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Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the state .

A History Of Islamic Law

Author: Noel James Coulson
Editor: Edinburgh University Press
ISBN: 9780748605149
File Size: 16,33 MB
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The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.

Routledge Handbook Of Islamic Law

Author: Khaled Abou El Fadl
Editor: Routledge
ISBN: 1317622448
File Size: 29,40 MB
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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.

On Schacht S Origins Of Muhammadan Jurisprudence

Author: Muḥammad Muṣṭafá Aʻẓamī
Editor: Islamic Texts Society
ISBN: 9780946621460
File Size: 27,33 MB
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This in-depth study presents a detailed analysis and critique of the classic Western work on the origins of Islamic law, Schacht's Origins of Muhammadan Jurisprudence. Azami's work examines the sources used by Schacht to develop his thesis on the relation of Islamic law to the Qur'an, and exposes fundamental flaws in Schacht's methodology that led to the conclusions unsupported by the texts examined. This book is an important contribution to Islamic legal studies from an Islamic perspective.

An Introduction To Islamic Law

Author: Wael B. Hallaq
Editor: Cambridge University Press
ISBN: 1139489305
File Size: 28,89 MB
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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 Renewal Of Islamic Law

Author: Chibli Mallat
Editor: Cambridge University Press
ISBN: 9780521531221
File Size: 79,51 MB
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A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.

The Formation Of Islamic Law

Author: Wael B. Hallaq
Editor: Routledge
ISBN:
File Size: 58,31 MB
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Cover -- Half Title -- Title -- Copyright -- Contents -- Acknowledgements -- General Editor's Preface -- Introduction -- 1. The Arab Conquests and the Formation of Islamic Society -- 2. Pre-Islamic Background and Early Development of Jurisprudence -- 3. Foreign Elements in Ancient Islamic Law -- 4. The Birth-Hour of Muslim Law?: An Essay in Exegesis -- 5. Two Legal Problems Bearing on the Early History of the Qur'ān -- 6. Unconditional Manumission of Slaves in Early Islamic Law: A Ḥadīth Analysis -- 7. The Role of Non-Arab Converts in the Development of Early Islamic Law

Studies In Early Muslim Jurisprudence

Author: Lecturer in Arabic and Islamic Studies Norman Calder
Editor: Oxford University Press, USA
ISBN:
File Size: 39,76 MB
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This book offers a coherent theory of the origins and early development of Islamic law. The author grounds his argument in a series of representative passages from the earliest juristic works, many of them translated here for the first time. Succeeding chapters demonstrate the creativity of early Muslim civilization in literary forms, juristic norms, and hermeneutic technique. Drawing on the tradition of Islamic scholarship represented by such names as Ignaz Goldziher, Joseph Schacht, and John Wansborough, Calder is sensitive also to the development of methodology and technique in the parallel fields of Biblical and Rabbinical Studies. Grounding all his major generalizations in precise textual detail, he evokes the social, political and intellectual concerns of Muslim civilization in its most formative period. Calder demonstrates that many of the usual connotations are not appropriate to the understanding of early Muslim jurisprudence. The surviving texts constitute and lively record of how the early Muslim community created the major symbols of its own identity.

Islamic Law In Past And Present

Author: Mathias Rohe
Editor: BRILL
ISBN: 9004281800
File Size: 79,48 MB
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In Islamic Law in Past and Present, the lawyer and Islamicist Mathias Rohe offers a comprehensive study of Islamic law, law reforms and law in action with a particular focus on modern developments in the Islamic world, India, Canada and Germany.

Islamic Law

Author: Gavin N. Picken
Editor:
ISBN:
File Size: 63,68 MB
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Volume III focuses on the 'consolidation' and consequent perceived 'stagnation' of Islamic law in the medieval period alluded to in the traditional accounts of Islamic legal theory. The final volume in the collection examines Islamic law in the modern period, and the challenges of living in a modern, technologically advanced world. Supplemented with a full index, Islamic Law includes a comprehensive introduction newly written by the editor which places the collected material in its historical and intellectual context. It is certain to be valued as a vital research resource." -- Publisher description.

Islamic Legal Revival

Author: Leonard Wood
Editor: Oxford University Press
ISBN: 0198786018
File Size: 35,61 MB
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In this meticulously researched volume, Leonard Wood presents his ground breaking history of Islamic revivalist thought in Islamic law. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1879-1952 brings to life the tumultuous history of colonial interventions in Islamic legal consciousness during the nineteenth and early twentieth centuries. It tells the story of the rapid displacement of local Egyptian and Islamic law by transplanted European codes and details the evolution of resultant movements to revive Islamic law. Islamic legal revivalist movements strove to develop a modern version of Islamic law that could be codified and would replace newly imposed European laws. Wood explains in unparalleled depth and with nuance how cutting-edge trends in European legal scholarship inspired influential revivalists and informed their methods in legal thought. Timely and provocative, Islamic Legal Revival tells of the rich achievements of legal experts in Egypt who disrupted tradition in Islamic jurisprudence and created new approaches to Islamic law that were distinctively responsive to demands of the contemporary world. The story told bears important implications for understandings of Egyptian history, Islamic legal history, comparative law, and deeply contested and highly transformative interactions between European and Islamic thought.

Original Islam

Author: Yasin Dutton
Editor: Routledge
ISBN: 1134304250
File Size: 33,48 MB
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Original Islam investigates the primacy of Madinan Islam and the madhhab (school of law) of its main exponent, Malik ibn Anas. It contains an annotated translation of Intisar al-faqir al-salik li-tarjih madhhab al-Imam al-kabir Malik, which was written by al-Ra'i, a fifteenth-century Andalusian scholar resident in Cairo. This book includes: a comprehensive section on the scholarly credentials of the great eighth-century Madinan jurist Malik ibn Anas a detailed examination of a number of theoretical and practical disputed legal issues examples of the inter-madhhab rivalry and prejudice prevalent in fifteenth-century Cairo an extensive introduction giving background information on al-Ra’i and his life and times. It also highlights the significance of the text for contemporary Muslim discourse, in which both "modernist" and "fundamentalist" elements often equate the concept of madhhab with an outmoded tradition which must be rejected as irrelevant to the practice of Islam in a globalized world. This book aims to put this ongoing controversy about madhhab, particularly the Maliki madhhab and its "pre-madhhab" Madinan origins, on a surer footing. Original Islam provides access to a hitherto little known area of Islamic law and is essential reading for those with interests in this area.

Islamic Law And Finance

Author: Frank E. Vogel
Editor: BRILL
ISBN: 9789041105479
File Size: 44,73 MB
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Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Origin And Development Of Islamic Law

Author: Majid Khadduri
Editor: The Lawbook Exchange, Ltd.
ISBN: 1584778644
File Size: 71,19 MB
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The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

The Oxford Handbook Of Islamic Law

Author: Anver M. Emon
Editor: Oxford Handbooks in Law
ISBN: 0199679010
File Size: 39,44 MB
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This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an idealintroduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate thecontested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

History Of Islamic Law

Author: Noel Coulson
Editor: Edinburgh University Press
ISBN: 0748696490
File Size: 15,56 MB
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The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.