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Early Muslim Legal Philosophy
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Book Synopsis Early Islamic Legal Theory by : Joseph Lowry
Download or read book Early Islamic Legal Theory written by Joseph Lowry and published by BRILL. This book was released on 2007-12-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla, in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām, and the role of consensus (ijmāʿ).
Book Synopsis Islamic Legal Philosophy by : Muhammad Khalid Masud
Download or read book Islamic Legal Philosophy written by Muhammad Khalid Masud and published by . This book was released on 1977 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Legal Philosophy is a study of the famous Spanish Maliki jurist Abu Ishaq al-Shatibi's (d. 790/1388) life and legal thought. Shatibi is one of the prominent jurists whose thought, particularly the idea of maslaha, which is the focal point of his legal philosophy (maqasid al-shari'a), has played a very significant role in the modern Muslim liberal legal though. In fourteen chapters, the book is a pioneer study of Shatibi's essential legal concepts. The analysis is preceded by a detailed study of the historical and intellectual background of social changes which necessitated a reinterpretation of Islamic Legal Theory." --Page [4] of cover.
Book Synopsis Early Muslim Legal Philosophy by : Oussama Arabi
Download or read book Early Muslim Legal Philosophy written by Oussama Arabi and published by . This book was released on 1999 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Tradition in Classical Islamic Thought by : M. Cook
Download or read book Law and Tradition in Classical Islamic Thought written by M. Cook and published by Springer. This book was released on 2013-01-06 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
Book Synopsis Reason, Revelation and Law in Islamic and Western Theory and History by : R. Charles Weller
Download or read book Reason, Revelation and Law in Islamic and Western Theory and History written by R. Charles Weller and published by Springer Nature. This book was released on 2021-02-24 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.
Book Synopsis The History of Philosophy in Islam by : Tjitze J. de Boer
Download or read book The History of Philosophy in Islam written by Tjitze J. de Boer and published by Library of Alexandria. This book was released on 1903-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In olden time the Arabian desert was, as it is at this day, the roaming-ground of independent Bedouin tribes. With free and healthy minds they contemplated their monotonous world, whose highest charm was the raid, and whose intellectual treasure was the tribal tradition. Neither the achievements of social labour, nor the accomplishments of elegant leisure were known to them. Only on the borders of the desert, in regularly constituted communities, which often had to suffer from the incursions of those Bedouins, a higher degree of civilization had been attained. This was the case in the South, where the ancient kingdom of the Queen of Sheba continued its existence in Christian times under Abyssinian or Persian overlordship. On the West lay Mecca and Medina (Yathrib), by an old caravan route; and Mecca in particular, with its market safe-guarded by a temple, was the centre of a brisk traffic. Lastly on the North, two semi-sovereign States had been formed under Arab princes: towards Persia, the kingdom of the Lakhmids in Hira; and towards Byzantium the dominion of the Gassanids in Syria. In speech and poetry, however, the unity of the Arab nation was set forth to some extent even before Mohammed’s time. The poets were the ‘men of knowledge’ for their people. Their incantations held good as oracles, first of all for their several tribes, but no doubt extending their influence often beyond their own particular septs. Mohammed and his immediate successors, Abu Bekr, Omar, Othman and Ali (622–661) succeeded in inspiring the free sons of the desert, together with the more civilized inhabitants of the coast-lands, with enthusiasm for a joint enterprise. To this circumstance Islam owes its world-position: for Allah showed himself great, and the world was quite small for those who surrendered themselves to him (Muslims). In a short time the whole of Persia was conquered, and the East-Roman empire lost its fairest provinces,—Syria and Egypt. Medina was the seat of the first Caliphs or representatives of the prophet. Then Mohammed’s brave son-in-law Ali, and Ali’s sons, fell before Moawiya, the able governor of Syria. From that time dates the existence of the party of Ali (Shiʻites), which in the course of diverse vicissitudes,—now reduced to subjection, now in detached places attaining power,—lives on in history, until it finally incorporates itself with the Persian kingdom in definite opposition to Sunnite Islam.
Book Synopsis The Epistle on Legal Theory by : Muhammad ibn Idris al-Shafi'i
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.
Book Synopsis Introduction to Islamic Theology and Law by : Ignaz Goldziher
Download or read book Introduction to Islamic Theology and Law written by Ignaz Goldziher and published by Princeton University Press. This book was released on 1981-04-21 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translation of six lectures on the following aspects of Muslim religion and culture: Mohammed and the Qur'an; the holy law of Islam; the principles of Muslim theology; asceticism and Sufism; Islamic sects; and developments in modern times.
Book Synopsis The Dialectical Forge by : Walter Edward Young
Download or read book The Dialectical Forge written by Walter Edward Young and published by Springer. This book was released on 2016-12-13 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Book Synopsis Shāṭibī's Philosophy of Islamic Law by : Muhammad Khalid Masud
Download or read book Shāṭibī's Philosophy of Islamic Law written by Muhammad Khalid Masud and published by . This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conceptions of Justice from Earliest History to Islam by : Abbas Mirakhor
Download or read book Conceptions of Justice from Earliest History to Islam written by Abbas Mirakhor and published by Springer. This book was released on 2019-04-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptions of justice from Zarathustra to Islam. The text explores the conceptions of justice by Zarathustra, Ancient Egypt, India, Mesopotamia, Noah, Abraham, and Moses. During the Axial Age (800-200BCE), the focus of justice is in India, China, and Greece. In the post-Axial age, the focus is on Christianity. The authors then turn to Islam, where justice is conceived as a system, which emerges if the Qur’anic rules are followed. This work concludes with the views of early Muslim thinkers and on how these societies deteriorated after the death of the Prophet. The monograph is ideal for those interested in the conception of justice through the ages, Islamic studies, political Islam, and issues of peace and justice.
Book Synopsis Islamic Natural Law Theories by : Anver M. Emon
Download or read book Islamic Natural Law Theories written by Anver M. Emon and published by Oxford University Press. This book was released on 2010-04-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
Download or read book Al-Kindi written by Bridget Lim and published by The Rosen Publishing Group, Inc. This book was released on 2016-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Al-Kindi is believed by many scholars to be the first Islamic philosopher. At a time when Europe was plunged into the Dark Ages, the Islamic world was experiencing an important time of cultural growth and scientific advancement. While many considered Muslim students of ancient Greek philosophers to be infidels, al-Kindi was able to master the scholarship while interpreting it through his Muslim faith. His conclusions always supported the teachings of Islam, but the methods that he drew upon to reach these conclusions were rooted in science, math, and principles accepted by many other cultures and faiths.
Book Synopsis Philosophy and Jurisprudence in the Islamic World by : Peter Adamson
Download or read book Philosophy and Jurisprudence in the Islamic World written by Peter Adamson and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-09-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.
Book Synopsis Interpretation and Jurisprudence in Medieval Islam by : Norman Calder
Download or read book Interpretation and Jurisprudence in Medieval Islam written by Norman Calder and published by Routledge. This book was released on 2006 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of his death in 1998, at the age of 47, Norman Calder had become the most widely-discussed scholar in his field. The present volume of twenty-one of his articles and book chapters represents the full richness and diversity of Calder's oeuvre, from his initial doctoral research on Shii Islam to his later more philosophical writings on Sunni hermeneutics, in addition to his numerous studies on early Islamic history and jurisprudence. Many of the articles in this volume have already become classics for the fields of Muslim jurisprudence and hermeneutics.
Book Synopsis Shatibi's Philosophy of Islamic Law by : Muhammad Khalid Masud Masud
Download or read book Shatibi's Philosophy of Islamic Law written by Muhammad Khalid Masud Masud and published by . This book was released on 2023-12-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A welcome contributes to the small number of English language works on Islamic legal theory, and it is a work which all libraries that have an interest in Islamic Studies and cognate areas should acquire." Journal of Near Eastern Studies, 1982 Dr.Masud has clearly put much thought and effort into the making of Islamic Legal Philosophy, and the result is a work of which serious students of both Islamic modernism and of the history and theory of Islamic law will have to take account. It is a work that must be taken into consideration in any future research into the question of maslaha, for on this point the author shows himself capable of keen observation and insights... Bulletin of the School of Oriental and African Studies, 1979 Throughout the centuries, there has been a basic question asked among Islamic jurists and Muslims: "Why did Allah issue the commandments that Allah did?" While some schools of thought, such as the Ash'ari philosophers, think that this is an invalid question altogether (for if Allah had reasons for doing what Allah does or did, then He would be caused or compelled by some outside power, a theological impossibility) other schools have thought have gone to the other extreme, such as the Mutazilites, some of who have suggested Allah had to do what is best for humanity. Muhammad Khalid Masud's detailed consideration of one philosopher, al-Shatibi, others a much more complex consideration of possible principles behind the injunctions of Islamic law, Shari'ah. Primarily, this book is a consideration of the concept of maslaha, or "the good," and the role it plays not only in the actual injunctions of Islamic law but also in reasoning about the law, making determinations in specific cases and what extent the concept of the good of humanity can provide insights into the law. Masud masterfully outlines the development of the concept of maslaha (his treatment of al-Razi being of particular importance) and sets the scene of al-Shatibi, during a time of great social change.
Book Synopsis Islamic Legal Philosophy by : Muhammad K. Masud
Download or read book Islamic Legal Philosophy written by Muhammad K. Masud and published by . This book was released on 1990-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
