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Islamic And Jewish Legal Reasoning
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Book Synopsis Islamic and Jewish Legal Reasoning by : Anver Emon
Download or read book Islamic and Jewish Legal Reasoning written by Anver Emon and published by Simon and Schuster. This book was released on 2016-04-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.
Book Synopsis Jurisprudence and Theology by : Joseph E. David
Download or read book Jurisprudence and Theology written by Joseph E. David and published by Springer. This book was released on 2014-09-18 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mālik and Medina by : Umar F. Abd-Allah
Download or read book Mālik and Medina written by Umar F. Abd-Allah and published by BRILL. This book was released on 2013-03-28 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa’ and Mudawwana. Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion (ra’y), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a “four-source” (Qurʾān, sunna, consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law (madhāhib) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
Book Synopsis Religion and Law by : Edwin Brown Firmage
Download or read book Religion and Law written by Edwin Brown Firmage and published by Eisenbrauns. This book was released on 1990 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.
Book Synopsis Comparing Religions Through Law by : Jacob Neusner
Download or read book Comparing Religions Through Law written by Jacob Neusner and published by Routledge. This book was released on 2002-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neusner is a very famous and eminent scholar in "50 key Jewish Thinkers" The relationship between Judaism and Islam is topical and controversial Discusses 'promised land' and 'jihad' in religious and political context Unique approach - comparative study of the two religions through the structure of the law. Sonn is a respected Islamist
Book Synopsis Judging in the Islamic, Jewish and Zoroastrian Legal Traditions by : Janos Jany
Download or read book Judging in the Islamic, Jewish and Zoroastrian Legal Traditions written by Janos Jany and published by Routledge. This book was released on 2016-05-06 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.
Book Synopsis An Introduction to Islamic Jurisprudence by : Daniel (Ghasem) Akbari
Download or read book An Introduction to Islamic Jurisprudence written by Daniel (Ghasem) Akbari and published by AuthorHouse. This book was released on 2017-01-25 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Sharia? What does Islam teach? To what extent do ordinary Muslims know about and understand Islamic rules? How can one learn sharia in a simple, accurate way? How do Muslim scholars derive Sharia rules? The objective of the present book is to be a study course for law students who want to learn how to perform Islamic legal reasoning. The goal is to simplify the material to the point where students who are not professional Islamic scholars can, nevertheless, discuss and analyze sharia.
Book Synopsis Islamic Law in Palestine and Israel by : Eisenman
Download or read book Islamic Law in Palestine and Israel written by Eisenman and published by BRILL. This book was released on 2022-04-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Common Justice by : Uriel I. Simonsohn
Download or read book A Common Justice written by Uriel I. Simonsohn and published by University of Pennsylvania Press. This book was released on 2011-09-07 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Common Justice Uriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period. Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.
Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Book Synopsis Jewish and Islamic Law by : Gideon Libson
Download or read book Jewish and Islamic Law written by Gideon Libson and published by Islamic Legal Studies Program @ Harvard Law School. This book was released on 2003 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. Libson's in-depth study of Islamic law, together with his expertise in the wide range of geonic and rabbinic literature, enable him to determine the influence of Muslim practice on geonic custom.
Book Synopsis Comparative Religious Law by : Norman Doe
Download or read book Comparative Religious Law written by Norman Doe and published by Cambridge University Press. This book was released on 2018-11-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.
Book Synopsis Religious Pluralism and Islamic Law by : Anver M. Emon
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
Book Synopsis New Developments in Legal Reasoning and Logic by : Shahid Rahman
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.
Book Synopsis Jews and Islamic Law in Early 20th-Century Yemen by : Mark S. Wagner
Download or read book Jews and Islamic Law in Early 20th-Century Yemen written by Mark S. Wagner and published by Indiana University Press. This book was released on 2015 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early 20th-century Yemen, a sizable Jewish population was subject to sumptuary laws and social restrictions. Jews regularly came into contact with Islamic courts and Muslim jurists, by choice and by necessity, became embroiled in the most intimate details of their Jewish neighbors’ lives. Mark S. Wagner draws on autobiographical writings to study the careers of three Jewish intermediaries who used their knowledge of Islamic law to manipulate the shari‘a for their own benefit and for the good of their community. The result is a fresh perspective on the place of religious minorities in Muslim societies.
Download or read book Islamic Law written by Ahmad Atif Ahmad and published by Bloomsbury Publishing. This book was released on 2017-10-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.
