The Origins of Islamic Jurisprudence

The Origins of Islamic Jurisprudence
Author: Harald Motzki
Publisher: BRILL
Total Pages: 344
Release: 2021-10-01
Genre: Religion
ISBN: 9004491538

The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht’s famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.

The Beginnings of Islamic Law

The Beginnings of Islamic Law
Author: Lena Salaymeh
Publisher: Cambridge University Press
Total Pages: 257
Release: 2016-11-14
Genre: History
ISBN: 1107133025

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.

The Origins of Islamic Law

The Origins of Islamic Law
Author: Yasin Dutton
Publisher: Routledge
Total Pages: 282
Release: 2013-09-05
Genre: Social Science
ISBN: 1136110747

If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.

History of Islamic Law

History of Islamic Law
Author: Noel Coulson
Publisher: Edinburgh University Press
Total Pages: 280
Release: 2014-03-11
Genre: Law
ISBN: 0748696490

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

Between God and the Sultan

Between God and the Sultan
Author: Knut S. Vikør
Publisher: Oxford University Press, USA
Total Pages: 406
Release: 2005
Genre: Law
ISBN: 9780195223989

The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Contemporary Bioethics

Contemporary Bioethics
Author: Mohammed Ali Al-Bar
Publisher: Springer
Total Pages: 273
Release: 2015-05-27
Genre: Medical
ISBN: 3319184288

This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

Roman, Provincial and Islamic Law

Roman, Provincial and Islamic Law
Author: Patricia Crone
Publisher: Cambridge University Press
Total Pages: 190
Release: 2002-07-18
Genre: Law
ISBN: 9780521529495

This book tests the hypothesis that Roman law was a formative influence on Islamic law.

An Introduction to Islamic Law

An Introduction to Islamic Law
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Total Pages: 209
Release: 2009-07-09
Genre: Law
ISBN: 1139489305

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.

History of Islamic Fiqh

History of Islamic Fiqh
Author: Umar Sulayman Al-Ashqar
Publisher:
Total Pages: 316
Release: 2020-12-24
Genre:
ISBN:

History of Islamic Fiqh is a wonderful bird's eye view of the Islamic legal tradition. It serves as a reliable, accessible primer for anyone being introduced to the study of fiqh, or Islamic jurisprudence. The late esteemed scholar, Dr 'Umar al-Ashqar, offers a thorough survey of this discipline's roots, the traceability of its scriptural and rational sources, and the spectrum of legal theories and juristic positions across mainstream Sunni Islam. Furthermore, he speaks about the evolution of fiqh, the rise of its major hermeneutical schools (madhāhib), their periods of proliferation and stagnation, and their interdependence today in efforts to engage the complex dynamics of modern times.The author had graciously accepted to have this work translated for the sake of the English speaking world, and his heirs graciously forfeited any financial rights from this non-profit publication. We ask Allah to reward Dr al-Ashqar and his family in ways that only He can, and to allow the benefit of this book to extend far and wide for generations to come. Āmīn.