NARRATIVES OF ISLAMIC LEGAL THEORY OXFORD ISLAMIC LEGAL STUDIES

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Narratives Of Islamic Legal Theory

Author : Rumee Ahmed
ISBN : 9780191630149
Genre : Law
File Size : 50.67 MB
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In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.
Category: Law

The Anthropology Of Islamic Law

Author : Aria Nakissa
ISBN : 9780190932893
Genre : Law
File Size : 56.42 MB
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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.
Category: Law

Sharia And Social Engineering

Author : R. Michael Feener
ISBN : 9780199678846
Genre : Law
File Size : 85.68 MB
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Arguing for new consideration of calls for implementation of Islamic law as projects of future-oriented social transformation, this book presents a richly-textured critical overview of the day-to-day workings of one of the most complex experiments with the implementation of Islamic law in the contemporary world - that of post-tsunami Aceh.
Category: Law

Natural Law

Author : Anver M. Emon
ISBN : 9780191016721
Genre : Religion
File Size : 31.58 MB
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This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition. Each of the authors also provides a thoughtful response to the essays of the other two authors. Readers will gain a sense for how natural law (or cognate terms) resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and numerous others. Readers will also be instructed in how the authors think that these sources can be mined for constructive reflection on natural law today. A key theme in each essay is how the particularity of the respective religious tradition is squared with the evident universality of natural law claims. The authors also explore how natural law doctrine functions in particular traditions for reflection upon the religious other.
Category: Religion

Studies In Islamic Legal Theory

Author : Bernard G. Weiss
ISBN : 9004120661
Genre : Religion
File Size : 87.93 MB
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This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
Category: Religion

Parable And Politics In Early Islamic History

Author : Tayeb El-Hibri
ISBN : 9780231521659
Genre : History
File Size : 39.87 MB
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The story of the succession to the Prophet Muhammad and the rise of the Rashidun Caliphate (632-661) is familiar to historians from the political histories of medieval Islam, which treat it as a factual account. The story also informs the competing perspectives of Sunni and Shi'i Islam, which read into it the legitimacy of their claims. Yet while descriptive and varied, these approaches have long excluded a third reading, which views the conflict over the succession to the Prophet as a parable. From this vantage point, the motives, sayings, and actions of the protagonists reveal profound links to previous texts, not to mention a surprising irony regarding political and religious issues. In a controversial break from previous historiography, Tayeb El-Hibri privileges the literary and artistic triumphs of the medieval Islamic chronicles and maps the origins of Islamic political and religious orthodoxy. Considering the patterns and themes of these unified narratives, including the problem of measuring personal qualification according to religious merit, nobility, and skills in government, El-Hibri offers an insightful critique of both early and contemporary Islam and the concerns of legitimacy shadowing various rulers. In building an argument for reading the texts as parabolic commentary, he also highlights the Islamic reinterpretation of biblical traditions, both by Qur'anic exegesis and historical composition.
Category: History

Sunna Oxford Bibliographies Online Research Guide

Author : Oxford University Press
ISBN : 0199804281
Genre : Social Science
File Size : 20.95 MB
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This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.
Category: Social Science

Narratives Of Truth In Islamic Law

Author : Baudouin Dupret
ISBN : UOM:39015076183865
Genre : Law
File Size : 66.54 MB
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The truth, in legal terms, is the version of "what happened" which carries most authority. This original and thought-provoking book looks at how this narrative is constructed in Muslim societies, and which truths are privileged over others in constructing it. Looking at a range of contrasting case studies, from Sharia courts to inquiries into police abuse, this book explores how ordinary stories are transformed into authoritative truths.
Category: Law