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The Canonization of Islamic Law

Author: Ahmed El Shamsy
Publisher: Cambridge University Press
ISBN: 1107435676
Category : History
Languages : en
Pages : 264

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Book Description
The Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. Idrīs al-Shāfi'ī (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-Shāfi'ī's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-Shāfi'ī's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.

The Canonization of Islamic Law

Author: Ahmed El Shamsy
Publisher: Cambridge University Press
ISBN: 1107435676
Category : History
Languages : en
Pages : 264

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Pragmatism in Islamic Law

Author: Ahmed Fekry Ibrahim
Publisher: Syracuse University Press
ISBN: 0815653190
Category : Social Science
Languages : en
Pages : 363

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Book Description
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as “pragmatic eclecticism,” emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.

The Second Formation of Islamic Law

Author: Guy Burak
Publisher: Cambridge University Press
ISBN: 110709027X
Category : History
Languages : en
Pages : 286

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Book Description
The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.

The Beginnings of Islamic Law

Author: Lena Salaymeh
Publisher: Cambridge University Press
ISBN: 1316825574
Category : History
Languages : en
Pages :

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Book Description
The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Islamic Law in Circulation

Author: Mahmood Kooria
Publisher: Cambridge University Press
ISBN: 1009116886
Category : History
Languages : en
Pages :

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Book Description
Analysing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, Africa and Europe. By examining the processes of the spread of legal texts and their roles in society, as well as thinking about how Afrasian Muslims responded to these new arrivals of thoughts and texts, Mahmood Kooria weaves together a narrative with the textual descendants from places such as Damascus, Mecca, Cairo, Malabar, Java, Aceh and Zanzibar to tell a compelling story of how Islam contributed to the global history of law from the thirteenth to the twentieth century.

The Anthropology of Islamic Law

Author: Aria Nakissa
Publisher: Oxford University Press
ISBN: 0190932899
Category : Law
Languages : en
Pages : 304

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Book Description
The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

Legal Maxims in Islamic Law

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

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Book Description
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.

Islamic Jurisprudence on the Regulation of Armed Conflict

Author: Nesrine Badawi
Publisher: BRILL
ISBN: 9004410627
Category : History
Languages : en
Pages : 284

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Book Description
In Islamic Jurisprudence on the Regulation of Armed Conflict, Nesrine Badawi offers a survey of key Islamic legal texts on the subject and analyses the relationship between their deductive structures and the contexts witnessed at the time of their development.

Legal Authority in Premodern Islam

Author: Fachrizal A. Halim
Publisher: Routledge
ISBN: 1317749170
Category : Religion
Languages : en
Pages : 132

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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.

Law and Politics under the Abbasids

Author: Sohaira Z. M. Siddiqui
Publisher: Cambridge University Press
ISBN: 1108496784
Category : History
Languages : en
Pages : 332

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Book Description
Explores the eleventh century Abbasid Empire and the intersection between politics, theology, and law in the thought of Abu Ma'ali al-Juwayni.