The Qur'ān's Legal Culture PDF Download

Author: Holger Michael Zellentin
Publisher:
ISBN: 9783161627019
Category : Christianity and other religions
Languages : en
Pages : 0

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Author: Holger Michael Zellentin
Publisher:
ISBN: 9783161527203
Category : Religion
Languages : en
Pages : 0

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Book Description
The Qur'ān, emphasizing ritual purity and the role of Jesus as giver of God's positive law, preserves aspects of an earlier Jesus movement that most Christian groups diluted or rejected. The Didascalia Apostolorum, a late ancient church order, records a significant number of the laws promulgated in the Qur'ān, but does not fully endorse them when it comes to purity. Likewise, the Didascalia' legal narratives about the Israelites and about Jesus, as well as the legal and theological vocabulary of the Syriac (Eastern Christian Aramaic) version of the Didascalia, recurrently show kinship with the Arabic Qur'ān, amplifying the apparent affinities between the two texts. The Qur'ān, however, is not "based" on the Didascalia in any direct way; detailed comparison of the two documents illustrates the absence of textual influence in either direction. Both texts should rather be read against the background of the practices and the oral discourse shared by their respective audiences: a common legal culture.

Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293

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Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Author: Ali-reza Bhojani
Publisher: BRILL
ISBN: 9004413944
Category : Law
Languages : en
Pages : 240

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Book Description
Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Author: Shahid Ashraf
Publisher:
ISBN:
Category : Islamic law
Languages : en
Pages : 434

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Author: Åse B. Grødeland
Publisher: Cambridge University Press
ISBN: 1316352072
Category : Law
Languages : en
Pages : 589

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Book Description
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.

Author: Ilkka Lindstedt
Publisher: BRILL
ISBN: 9004687130
Category : History
Languages : en
Pages : 390

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Book Description
This title is published in Open Access with the support of the University of Helsinki Library.The book surveys and analyzes changes in religious groups and identities in late antique Arabia, ca. 300-700 CE. It engages with contemporary and material evidence: for example, inscriptions, archaeological remains, Arabic poetry, the Qurʾān, and the so-called Constitution of Medina. Also, it suggests ways to deal with the later Arabic historiographical and other literary texts. The issue of social identities and their processes are central to the study. For instance, how did Arabian ethnic and religious identities intersect on the eve of Islam? The book suggests that the changes in social groups were more piecemeal than previously thought.

Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Category : Religion
Languages : en
Pages : 356

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Book Description
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 0521861470
Category : History
Languages : en
Pages : 625

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Book Description
Wael Hallaq's magisterial overview of Shari'a examines the doctrines and practices of Islamic law from the seventh century to the present. In a compelling narrative, the author unravels the complexities of his subject to reveal a deep knowledge of the law which will engage and challenge both student and scholar.

Author: Mehdi Azaiez
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311044545X
Category : Religion
Languages : en
Pages : 553

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Book Description
The present volume is the work of 25 scholars who represent various specializations important to the study of the Qur'an, including Arabic language, comparative Semitic linguistics, paleography, epigraphy, history, rhetorical theory, hermeneutics, and Biblical studies. The starting point of this work was a series of five international conferences on the Qur'an at the University of Notre Dame over the academic year 2012-13, although the commentaries contributed during those conferences have been carefully edited to avoid repetition. Readers of The Qur'an Seminar Commentary will find that the 50 passages selected for inclusion in this work include many of the most important and influential elements of the Qur'an, including: - Q 1, al-Fatiha - Q 2:30-39, the angelic prostration before Adam - Q 2:255, the “Throne Verse” - Q 3:7, the muhkamat and mutashabihat - Q 4:3, polygamy and monogamy - Q 5:112-15, the table (al-ma'ida) from heaven - Q 9:29, fighting the People of the Book and the jizya - Q 12, the story of Joseph - Q 24:45, the “Light Verse” - Q 33:40, the “seal of the prophets” - Q 53, the “satanic verses” - Q 96, including the passage often described as the “first revelation” - Q 97, the “night of qadr” - Q 105, the “Companions of the Elephant” - Q 112, on God and the denial of a divine son The collaborative nature of this work, which involves a wide range of scholars discussing the same passages from different perspectives, offers readers with an unprecedented diversity of insights on the Qur'anic text.