Author: Felicitas Meta Maria Opwis Publisher: BRILL ISBN: 9004184163 Category : Religion Languages : en Pages : 384
Book Description
Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of ma la a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God s law.
Author: Felicitas Opwis Publisher: BRILL ISBN: 9004185690 Category : Law Languages : en Pages : 384
Book Description
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.
Author: R. Charles Weller Publisher: Springer Nature ISBN: 9811562458 Category : Religion Languages : en Pages : 174
Book Description
This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.
Author: Sohaira Siddiqui Publisher: BRILL ISBN: 9004391711 Category : Law Languages : en Pages : 282
Book Description
The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
Author: Khaled Abou El Fadl Publisher: Routledge ISBN: 1317622448 Category : Religion Languages : en Pages : 636
Book Description
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.
Author: Muhammad Qasim Zaman Publisher: Cambridge University Press ISBN: 1139577182 Category : History Languages : en Pages : 375
Book Description
Among traditionally educated scholars in the Islamic world there is much disagreement on the crises that afflict modern Muslim societies and how best to deal with them, and the debates have grown more urgent since 9/11. Through an analysis of the work of Muhammad Rashid Rida and Yusuf al-Qaradawi in the Arab Middle East and a number of scholars belonging to the Deobandi orientation in colonial and contemporary South Asia, this book examines some of the most important issues facing the Muslim world since the late nineteenth century. These include the challenges to the binding claims of a long-established scholarly consensus, evolving conceptions of the common good, and discourses on religious education, the legal rights of women, social and economic justice and violence and terrorism. This wide-ranging study by a leading scholar provides the depth and the comparative perspective necessary for an understanding of the ferment that characterizes contemporary Islam.
Author: Michaelle Browers Publisher: Lexington Books ISBN: 9780739105542 Category : Reference Languages : en Pages : 230
Book Description
Over the last two decades we have seen a vast number of books published in the West that treat Islamic fundamentalism as a rising threat to the western values of secularism and democracy. In the last decade scholars began proclaiming an existent or emerging "clash" between East and West, Islam and Christianity, or in the case of Benjamin R. Barber, "Jihad and "McWorld." More recently, some western scholars have offered another interpretation. Focusing on the work of contemporary Muslim intellectuals, these scholars have begun to argue that what we are witnessing, in Islamic contexts, is tantamount to a Reformation. An Islamic Reformation attempts to evaluate this claim through the work of emerging and top scholars in the fields of political science, philosophy, anthropology, religion, history and Middle Eastern studies. The overall goal of this volume is to question the impact of various reformist trends throughout the Middle East. Are we witnessing a growth in fundamentalism or the emergence of an Islamic Reformation? What does religious practice in this region reflect? What is the usefulness of approaching these questions through Christian/Islamic and West/East dichotomies? Unique in its focus and scope, An Islamic Reformation represents an emerging vanguard in the discussion of Islamic religious heritage and practice and its effect on world politics.
Author: A. Duderija Publisher: Springer ISBN: 1137319410 Category : Religion Languages : en Pages : 275
Book Description
It is the first study which comprehensively, systematically and critically examines the role and usefulness of the concept of Maqasid al-Shari'a (higher Objectives of Islamic Law) in contemporary Muslim reformist thought in relation to number of specific issues pertaining to Islamic legal philosophy, law, ethics and the socio-political sphere.
Author: Alice Panepinto Publisher: Bloomsbury Publishing ISBN: 1509921281 Category : Law Languages : en Pages : 280
Book Description
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Author: Felicitas Meta Maria Opwis
Author: Felicitas Opwis
Author: Abbas Amanat
Author: R. Charles Weller
Author: Sohaira Siddiqui
Author: Khaled Abou El Fadl
Author: Muhammad Qasim Zaman
Author: Michaelle Browers
Author: A. Duderija
Author: Alice Panepinto