Download or read book The Epistle on Legal Theory written by Muhammad ibn Idris al-Shafi'i and published by NYU Press. This book was released on 2015-10-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . This new translation by a leading scholar of al-Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. An English-only edition.
Download or read book The Epistle on Legal Theory written by al-Shafii and published by NYU Press. This book was released on 2013-02-04 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur’an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.
Download or read book The Epistle on Legal Theory written by Muhammad ibn Idris al-Shafi'i and published by NYU Press. This book was released on 2013-02-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A modern translation of a foundational document of Islamic jurisprudence The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general. The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. A bilingual Arabic-English edition.
Download or read book Early Islamic Legal Theory written by Joseph Edmund Lowry and published by BRILL. This book was released on 2007 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.
Download or read book Disagreements of the Jurists written by al-Qāḍī al-Nuʿmān and published by NYU Press. This book was released on 2015-01-19 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.
Download or read book Hermeneutics in the Genre of Mukhta ar written by Husain Kassim and published by Rowman & Littlefield. This book was released on 2018-12-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtaṣar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtaṣar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtaṣar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtaṣar continue the hermeneutical formation of Islamic legal system.
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
Download or read book Medieval Legal and Political Thought written by Larry May and published by Cambridge Scholars Publishing. This book was released on 2021-12-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make this early Medieval period anything but “Dark.” It suggests that the Christianization and Islamization of legal and political thought created almost as many problems as solutions to the increasingly diverse times that arose in the middle of the Middle Ages. The book also shows that the late Middle Ages already held many of the most important legal and political ideas of the Renaissance–showing that there was no clear break from the Medieval to the Modern periods of legal and political thought. Of central importance is the way that the development of the idea of conscience made the natural law theories of the Medieval times a robust set of ideas that is still felt quite strongly today.
Download or read book New Developments in Legal Reasoning and Logic written by Shahid Rahman and published by Springer Nature. This book was released on 2021-12-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Download or read book St Paul the Natural Law and Contemporary Legal Theory written by Jane Adolphe and published by Lexington Books. This book was released on 2012 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors of this unique collection of essays exploring the relationship of St. Paul and the natural law bring together contributions by scripture scholars, theologians, philosophers, and international lawyers. Inspired by the special Jubilee Year from June 2008 to June 2009 - proclaimed by Pope Benedict XVI to celebrate the 2,000-year anniversary of the birth of St. Paul - the chapters in this book are the fruit of the contributors' collaboration during the celebration of the Year of St. Paul. They share a common appreciation of the natural law as a basis for civil law and contemporary legal theory, and each chapter examines the foundations of the natural law - particularly in the writings of St. Paul - giving special recognition to the Catholic contributions to natural law and contemporary legal theory.
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Download or read book The Canonization of Islamic Law written by Ahmed El Shamsy and published by Cambridge University Press. This book was released on 2013-10-21 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.
Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Download or read book Islamic Legal Thought written by David Powers and published by BRILL. This book was released on 2013-10-09 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Download or read book Gender Hierarchy in the Qur n written by Karen Bauer and published by Cambridge University Press. This book was released on 2015-06-09 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Muslim interpretations of Qur'ānic verses on gender roles in testimony, human creation and marriage. Karen Bauer traces the evolution of these interpretations, showing how they have been adopted, adapted, rejected or replaced over time, by comparing the Qur'ān with a wide range of Qur'ānic commentaries and interviews.
Download or read book Islamic Law and Ethics written by David R. Vishanoff and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
