Download or read book The Formation of the Sunni Schools of Law 9th 10th Centuries C E written by Christopher Melchert and published by BRILL. This book was released on 2024-01-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and ḥadīth. No school had a regular means of forming students. Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallāl (d. 311/923), and a series of ḥanafī teachers ending with al-Karkhī (d. 340/952). Mālikism prospered in the West for political reasons, while the ẓāhirī and Jarīrī schools faded out due to their refusal to adopt the common new teaching methods. In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.
Download or read book The Formation of the Sunni Schools of Law written by Christopher Melchert and published by BRILL. This book was released on 1997 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.
Download or read book A History of Islamic Law written by N. Coulson and published by Routledge. This book was released on 2017-07-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.
Download or read book The Formation of Islamic Law written by Wael B. Hallaq and published by Routledge. This book was released on 2016-12-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
Download or read book The Restoration of Sunnism written by Ogden Goelet and published by Lockwood Press. This book was released on 2022-03-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Restoration of Sunnism is a study of the early history of Islamic law schools (s. madrasa, pl. madāris) and their professors in late Fāṭimid and Aiyūbid Egypt (495-647/1101-1249). It describes the origin and spread of these institutions, their teachers, and their role in the religious life of Egypt. This work is a lightly revised version of the author's 1976 University of Pennsylvania doctoral dissertation, which remains one of the most important works on the history of the premodern institution of the madrasa to date. Unlike many publications on the madāris in recent decades, which argue that medieval Islamic legal education was informal and lacked structure, the present work endeavors to detect the elements of structure and order in the institution of the madrasa and in its educational curricula and the practices associated with it. Leiser's ground-breaking work stands out for its attention to detail and to the political, economic, and religious background of twelfth- and thirteenth-century Egypt.
Download or read book The Formation of the Sunni Schools of Law Ninth tenth Centuries C E written by Christopher Melchert and published by . This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Five Schools of Islamic Law written by Muḥammad Jawād Maghnīyah and published by . This book was released on 1995 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Formation of the Sunni Schools of Law 8th 10th Centuries written by Christopher Melchert and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Mercy in the Difference of the Four Sunni Schools of Islamic Law written by Muḥammad ibn ʻAbd al-Raḥmān Ṣafadī and published by . This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first translation into English of a well known and widely used, six hundred year old classical Arabic text, its author, Qadi as-Safadi [d.1378 AH] of Damascus, May Allah be pleased with him designed it for his contemporaries as a reference book to acquaint the followers of the four schools of fiqh with the ruling of the other schools, so that needless antagonism and misunderstandings did not spring up out of ignorance and prejudice. The need for such a book is even more pressing in the present circumstances, and this excellent and succint book which covers the whole spectrum of the Deen is a timely and much needed addition to the Islamic source material available in the English language. This book is designed as a reference guide to acquaint the followers of the different schools the rulings of the other schools so that needless antagonisms and misunderstandings do not spring up out of ignorance and prejudice.
Download or read book The Formation of the Sunni Schools of Law Ninth tenth Centuries C E written by Christopher Melchert and published by . This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sunni schools of law are named for various jurisprudents of the 8th and 9th centuries CE, but I show that they did not actually function so early. On the on e hand, that is, jurisprudents at that time were identified mainly not with the later schools but with the two great parties of ra'y and hadith; on the other ha nd, such schools as there were lacked crucial elements of the schools as we know them from the 11th century onwards, above all their regular means of forming st udents. Relying mainly on biographical dictionaries, I trace back the constituti ve elements of the classical school and find that they first came together with the work of Ibn Surayj (d. 306/918), who virtually founded the Shafi'i school. T he new form spread rapidly during the 10th century. Meanwhile, Abu Bakr al-Khall al (d. 311/923) virtually founded the classical Hanbali school. The traditionali zation of Hanafi jurisprudence was completed about the same time, and Hanafi jur isprudents began to produce commentaries. Their development of a regular teachin g method finally culminated in the work of al-Karkhi (d. 340/952). The history o f Malikism in the West is bound up with politics. The Maliki, Zahiri, and Jariri schools of Baghdad were alternative attempts at a rationalistic jurisprudence t hat would yet be acceptable to the traditionalists. For reasons I discuss, none endured past the early 1000's.
Download or read book A History of Islamic Legal Theories written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 1997 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Download or read book The Four Juristic Schools written by Islamic Research Team Do Fatwa Kuwait and published by . This book was released on 2023-04-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Formation of Islamic Hermeneutics written by David R. Vishanoff and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first historical analysis of those parts of Islamic legal theory that deal with the language of revelation, and a milestone in reconstructing the missing history of legal theory in the ninth and tenth centuries. It offers a fresh interpretation of al-Shafii's seminal thought, and traces the development of four different responses to his hermeneutic, culminating in the works of Ibn Hazm, Abd al-Jabbar, al-Baqillani, and Abu Yala Ibn al-Farra. It reveals startling connections between rationalism and literalism, and documents how the remarkable diversity that characterized even traditionalist schools of law was eclipsed in the fifth/eleventh century by a pragmatic hermeneutic that gave jurists the interpretive power and flexibility they needed to claim revealed status for their legal doctrines. More than a detailed and richly documented history, this book opens new avenues for the comparative study of legal and hermeneutical theories, and offers new insights into unstated premises that shape and restrict Muslim legal discourse today. The book is of interest to all occupied with classical Islam, the development of Islamic law, and comparative hermeneutical research.
Download or read book The Four Juristic Schools written by Islamic Research Team Do. Fa. . . Kuwait and published by Dar UL Thaqafah. This book was released on 2023-04-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The four juristic schools which the Muslim nation has approved, generation after generation, have provided a pivotal role in Islamic Law across Muslim lands. They have been the reference point of arbitration in the courts of Islamic Law and the curricula at Islamic institutes of learning and circles of knowledge. It is upon the principles of these various schools that many graduated to scholarship in their specialties, and to these schools, they fervently ascribed themselves, to the extent that it became imperative for them to be identified as belonging to a particular school, especially in the written works of Islamic history, biographies, hagiographies and encyclopedias. It is hoped that this book will present to the respectable reader, a focused and academic insight of each of the four schools that have survived and found their unique place within this nation while other schools became extinct with the passing of time. These schools were served by their followers, and their legal methodology had been established, the opinions of their scholars recorded, and their positions redacted, thereby distinguishing the dominant position of the school from the weak and anomalous. This book dedicates a section to each of the four schools and introduces the founders of each school, their principles in deriving rulings, as well as the nomenclature of the schools - which provides the key to understanding the context of the words and symbols used in each school.
Download or read book Nativism Contra Acculturation The Formation of the M lik and anaf Schools of Law written by Youssef Haddad and published by . This book was released on 2019 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing the formation and evolution of the four Sunni Islamic schools of law is a precarious endeavor that requires investigating distinct, yet overlapping, factors. Notwithstanding the importance of the doctrinal differences among the madhāhib, understanding the sociopolitical and economic forces that contributed to their emergence is equally instrumental. Through a reading of the sociopolitical landscape in the Islamic empire from the middle of the 2nd/8th century till the middle of the 3rd/9th, this study reveals a set of sociopolitical forces that were intrinsic to the development of law and subsequently the schools of law. Ranging from fiscal policies to civil unrest and revolutions, this dissertation explores the historical context in which the Ḥanafī and Mālikī schools developed, both of which dominated and defined the conversation in the legal space for the generations to follow. Through a chronological approach, this project identifies some of the legally extraneous yet decisive forces and events that shaped Islamic law, among which are: sociopolitical relations between Arabs and non-Arabs; the progression towards the Islamization of law; the political activism of some of the 'ulamā' in light of the shifts in balance of power; the role of the students of Mālik and Abū Ḥanīfah; the evolution of the type of legal authority; and state patronage and institutionalization of the two schools. Central to this discussion is the tension between acculturation and nativism, the two defining discourses that shaped Islamic identity, constantly trading places between being the discourse of power and that of resistance.
Download or read book The Islamic School of Law written by Peri J. Bearman and published by Islamic Legal Studies Program @ Harvard Law School. This book was released on 2005 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: These selected papers from the III International Conference on Islamic Legal Studies, held in 2000 at Harvard Law School, offer building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that, even in the contemporary dissolution of madhhab lines and grouping, continues to fascinate.
Download or read book The Second Formation of Islamic Law written by Guy Burak and published by Cambridge University Press. This book was released on 2015-01-12 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.
