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Shiite Legal Theory
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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 354 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 Contemporary Bioethics by : Mohammed Ali Al-Bar
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Book Synopsis The Legal Status of Non-Muslims in the Shiite Fiqh and Iranian Laws (1906-2020) by : Saeid Edalatnejad
Download or read book The Legal Status of Non-Muslims in the Shiite Fiqh and Iranian Laws (1906-2020) written by Saeid Edalatnejad and published by BRILL. This book was released on 2022-12-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the Legal Status of non-Muslims in a Muslim Context? Are they yet regarded as the People of the Book (ahl al-Dhimma) or as the citizens like Muslims?
Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by . This book was released on 2018 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Download or read book Shari’a written by Abbas Amanat and published by Stanford University Press. This book was released on 2007-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Book Synopsis Islamic Government by : Ruhollah Khomeini
Download or read book Islamic Government written by Ruhollah Khomeini and published by Alhoda UK. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Canonization of Islamic Law by : Ahmed El Shamsy
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.
Book Synopsis Sociology of Shiʿite Islam by : Saïd Amir Arjomand
Download or read book Sociology of Shiʿite Islam written by Saïd Amir Arjomand and published by BRILL. This book was released on 2016-07-18 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociology of Shiʿite Islam is a comprehensive study of the development of Shiʿism. Its bearers first emerged as a sectarian elite, then a hierocracy and finally a theocracy. Imamate, Occultation and the theodicy of martyrdom are identified as the main components of the Shiʻism as a world religion. In these collected essays Arjomand has persistenly developed a Weberian theoretical framework for the analysis of Shiʿism, from its sectarian formation in the eighth century through the establishment of the Safavid empire in the sixteenth century, to the Islamic revolution in Iran in the twentieth century. These studies highlight revolutionary impulses embedded in the belief in the advent of the hidden Imam, and the impact of Shiʻite political ethics on the authority structure of pre-modern Iran and the constitution of the Islamic Republic of Iran.
Book Synopsis Islamic Legal Orthodoxy by : Devin J. Stewart
Download or read book Islamic Legal Orthodoxy written by Devin J. Stewart and published by . This book was released on 1998 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most far-reaching developments in the history of Islam was the rise of the four classical Sunni schools of law between the ninth and eleventh centuries CE. Consolidation of these schools went hand in hand with the establishment of jurists' dominance over religious discourse and social institutions. Orthodoxy came to be defined as the consensus (ijma') of the Sunni jurists. Devin Stewart argues that it is to the margins of the emerging system that investigators must look to understand its historical dynamics.
Book Synopsis Filiation and the Protection of Parentless Children by : Nadjma Yassari
Download or read book Filiation and the Protection of Parentless Children written by Nadjma Yassari and published by Springer. This book was released on 2019-07-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).
Book Synopsis Shiʿite Legal Theory by : Kumail Rajani
Download or read book Shiʿite Legal Theory written by Kumail Rajani and published by EUP. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains editions and commentaries of hitherto un-edited manuscripts from the various strands of the Shiʿite tradition of Islamic thought (Zaydi, Ismaʿili and Twelver). A careful side-by-side reading of these texts and commentaries helps identify themes peculiar to the Shiʿite "family" of legal theories.
Book Synopsis Islam and New Kinship by : Morgan Clarke
Download or read book Islam and New Kinship written by Morgan Clarke and published by Berghahn Books. This book was released on 2009-06-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Book Synopsis Shi'i Doctrine, Mu'tazili Theology by : Hussein Ali Abdulsater
Download or read book Shi'i Doctrine, Mu'tazili Theology written by Hussein Ali Abdulsater and published by Edinburgh University Press. This book was released on 2017-06-02 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the critical turn that shaped Imami Shi'ism in the 10th and 11th centuriesaGod is not free to act; He is bound by human ethics. To be just, He must create an individual of perfect intellect and infallible morality. People are obligated to submit to this person; otherwise eternal damnation awaits them.While these claims may be interpreted as an affront to Gods power, an insult to human judgment and a justification for despotism, ShiE i Muslims in the eleventh century eagerly adopted them in their attempts to forge a arational religious discourse. They utilized everything from literary studies and political theory to natural philosophy and metaphysical speculation in support of this project. This book presents the contribution of al-SharAf al-MurtaaA (d. 1044) of Baghdad, the thinker most responsible for this irreversible change, which remains central to Imami identity. It analyzes his intellectual project and establishes the dynamic context which prompted him to pour the old wine of ShiE i doctrine into the new wineskin of systematic MuE tazili theology.aKey FeaturesComprehensive coverage of al-MurtaaAs enormous oeuvre (running to several thousand pages) and diversity (spanning virtually all contemporary fields of knowledge)A meticulous engagement with long and dense theoretical texts that are either in manuscript form or poorly editedAn orderly presentation that equips readers with an overall understanding of ShiE i theology in its main phases while preserving the profundity of analysisThe study of a little-known author whose views, nonetheless, are still a major influence for ShiE i Muslims
Book Synopsis Crime and Punishment in Islamic Law by : Rudolph Peters
Download or read book Crime and Punishment in Islamic Law written by Rudolph Peters and published by Cambridge University Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Book Synopsis Islamic Legal Theory by : Mashood A. Baderin
Download or read book Islamic Legal Theory written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Book Synopsis The Concept of State and Law in Islam by : Farooq Hassan
Download or read book The Concept of State and Law in Islam written by Farooq Hassan and published by . This book was released on 1981 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
Book Synopsis Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology by : Hashim Bata
Download or read book Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology written by Hashim Bata and published by BRILL. This book was released on 2023-05-25 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.
