Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Legal Authority in Premodern Islam PDF full book. Access full book title Legal Authority in Premodern Islam by Fachrizal A. Halim. Download full books in PDF and EPUB format.
Author: Fachrizal A. Halim Publisher: Routledge ISBN: 1317749189 Category : Religion Languages : en Pages : 151
Book Description
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Author: Fachrizal A. Halim Publisher: Routledge ISBN: 1317749189 Category : Religion Languages : en Pages : 151
Book Description
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Author: Fachrizal A. Halim Publisher: Culture and Civilization in the Middle East ISBN: 9780367869229 Category : Languages : en Pages : 132
Book Description
"This book presents a comprehensive picture of the structure of authority in Islamic law. It does this specifically within the Shafi'ite legal tradition and the novel aspects of al-Nawawi's legacy and contributions"--
Author: Rachel M. Scott Publisher: Cornell University Press ISBN: 1501753991 Category : Religion Languages : en Pages : 339
Book Description
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Author: Wael B. Hallaq Publisher: Columbia University Press ISBN: 0231530862 Category : Political Science Languages : en Pages : 273
Book Description
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.
Author: Wael B. Hallaq Publisher: Cambridge University Press ISBN: 1139489305 Category : Law Languages : en Pages : 209
Book Description
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.
Author: Karina Kellermann Publisher: V&R Unipress ISBN: 3847010883 Category : History Languages : en Pages : 459
Book Description
In vormodernen Monarchien beobachten wir Widerspruch und Widerstand gegen einzelne Herrscher, ihre politischen Entscheidungen und ihre Verwaltung, aber in der Regel keine direkten Angriffe auf die Ordnungsprinzipien und das politische System. Wenn Unzufriedenheit zu Aufständen und Revolten führten, blieb es normalerweise bei einem bloßen Austausch des Regenten. Subtilere Methoden der Herrscherkritik konnten sich mittels fester Usancen oder spezifischer Codes und Spielregeln innerhalb des legalen Rahmens Gehör verschaffen und zielten darauf ab, die Qualitäten des Regenten zu verbessern oder spezifische Modi der Amtsführung zu reformieren. Diese verschiedenen Formen und Praktiken von Herrscherkritik in vormodernen monarchischen Gesellschaften sind Gegenstand dieses Bandes. When looking at pre-modern monarchical societies, one does not expect to observe fundamental dissent directed at the social order as such or at the political system. As a rule, criticism was limited to individual monarchs, their performance and decisions. While discontent could lead to insurrection and rebellion, which normally only culminated in the ruler being replaced by another monarchical figurehead, the subtler methods of voicing criticism were applied within a framework of legality, of a set of customs or of a code of rules of the game and intended to improve the performance of the incumbent or reform his conduct at court. The various forms of verbal or staged censure of rulers in pre-modern monarchical societies are the subject of this volume.
Author: Anver M. Emon Publisher: ISBN: 0199679010 Category : Law Languages : en Pages : 1009
Book Description
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Author: Rachel M. Scott Publisher: Cornell University Press ISBN: 1501753983 Category : Religion Languages : en Pages : 283
Book Description
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Author: Lena Salaymeh Publisher: Cambridge University Press ISBN: 1107133025 Category : History Languages : en Pages : 257
Book Description
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Author: Fachrizal A. Halim
Author: Fachrizal A. Halim
Author: Fachrizal A. Halim
Author: Rachel M. Scott
Author: Sebastian R. Prange
Author: Wael B. Hallaq
Author: Wael B. Hallaq
Author: Karina Kellermann
Author: Anver M. Emon
Author: Rachel M. Scott
Author: Lena Salaymeh