Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition PDF Download

Author: Talal Al-Azem
Publisher: BRILL
ISBN: 9004323295
Category : History
Languages : en
Pages : 273

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In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.

Author: Junaid Quadri
Publisher: Oxford University Press
ISBN: 0190077050
Category : Religion
Languages : en
Pages : 288

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Transformations of Tradition probes how the encounter with colonial modernity conditioned Islamic jurists' conceptualizations of the shari'a. Departing from the tendency to focus on reformist-minded thinkers and politically charged issues, Junaid Quadri directs his attention towards the overlooked jurisprudential writings of Muhammad Bakhit al-Muti-i (1854-1935), Mufti of Egypt and a frequent critic of the famed reformists Muhammad 'Abduh and Rashid Rida. There, he locates a remarkable series of foundational intellectual shifts. Offering a fresh perspective on a pivotal period in the history of Islamic thought, Quadri tracks how Bakhit reworks the relationship of the shari'a to categories of understanding as fundamental as history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned. Through close readings of complex legal texts and mining of oft-neglected archives, this carefully researched study situates its argument in both the contested scholarly world of a quickly-changing Cairo, and the transregional school of Hanafi law as represented by jurists writing in Kazan, Lucknow, and Baghdad. Examining Islamic jurisprudential discourse in the colonial moment, Transformations of Tradition uncovers a shari'a that is neither a medieval holdover nor merely a pragmatic concession to the demands of a new world, but rather deeply entangled with the epistemological commitments of colonial modernity.

Author: Elias G. Saba
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110604396
Category : Law
Languages : en
Pages : 281

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"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.

Author: Morgan Clarke
Publisher: Cambridge University Press
ISBN: 1107186315
Category : Law
Languages : en
Pages : 353

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Book Description
A dynamic account of the sharia in Lebanon as both state law and as personal ethics.

Author: Sohaira Siddiqui
Publisher: BRILL
ISBN: 9004391711
Category : Law
Languages : en
Pages : 282

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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: Saadia Yacoob
Publisher: Univ of California Press
ISBN: 0520393813
Category : History
Languages : en
Pages : 178

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A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.

Author: Necmettin Kızılkaya
Publisher: BRILL
ISBN: 900444467X
Category : Law
Languages : en
Pages : 324

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This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.

Author: Youcef L. Soufi
Publisher: Oxford University Press
ISBN: 0197685005
Category : Law
Languages : en
Pages : 289

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Book Description
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munā.zara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Is.hāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.

Author: Mohammad Gharaibeh
Publisher: BRILL
ISBN: 900452908X
Category : Architecture
Languages : en
Pages : 469

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Book Description
The studies in this volume go beyond the question of the authenticity of Prophetic narrations. By approaching hadith narrations and literature from various perspectives, the authors seek to push the field of Hadith Studies in a new and promising direction.

Author: Judith Scheele
Publisher: Indiana University Press
ISBN: 0253043786
Category : Social Science
Languages : en
Pages : 305

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“An exciting and intellectually fluent work that avoids most of the clichés of contemporary anthropological thought.” —Gregory Starrett, coeditor of Teaching Islam: Textbooks and Religion in the Middle East Despite a rich history of ethnographic research in Middle Eastern societies, the region is frequently portrayed as marginal to anthropology. The contributors to this volume reject this view and show how the Middle East is in fact vital to the discipline and how Middle Eastern anthropologists have developed theoretical and methodological tools that address and challenge the region’s political, ethical, and intellectual concerns. The contributors are students of Paul Dresch, an anthropologist known for his incisive work on Yemeni tribalism and customary law. As they expand upon his ideas and insights, these essays ask questions that have long preoccupied anthropologists, such as how do place, point of view, and style combine to create viable bodies of knowledge; how is scholarship shaped by the historical context in which it is located; and why have duration and form become so problematic in the study of Middle Eastern societies? Special attention is given to understanding local terms, contested knowledge claims, what remains unseen and unsaid in social life, and to cultural patterns and practices that persist over long stretches of time, seeming to predate and outlast events. Ranging from Morocco to India, these essays offer critical but sensitive approaches to cultural difference and the distinctiveness of the anthropological project in the Middle East.