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The Formation Of The Sunni Schools Of Law
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Book Synopsis The Formation of the Sunni Schools of Law by : Christopher Melchert
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.
Book Synopsis The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E. by : Christopher Melchert
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.
Book Synopsis The Formation of the Sunni Schools of Law Ninth-tenth Centuries C.E by : Christopher Melchert
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:
Book Synopsis The Formation of the Sunni Schools of Law, 8th-10th Centuries by : Christopher Melchert
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:
Book Synopsis The Formation of the Sunni Schools of Law, Ninth-tenth Centuries. C.E. by : Christopher Melchert
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.
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 The Formation of Islamic Law by : Wael B. Hallaq
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.
Book Synopsis The Formation of Islamic Hermeneutics by : David R. Vishanoff
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.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Book Synopsis A History of Islamic Law by : N. Coulson
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.
Book Synopsis The Mercy in the Difference of the Four Sunni Schools of Islamic Law by : Muḥammad ibn ʻAbd al-Raḥmān Ṣafadī
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.
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: The Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. Idrīs al-Shāfi'ī (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-Shāfi'ī's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-Shāfi'ī's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.
Book Synopsis Nativism Contra Acculturation: The Formation of the Mālikī and Ḥanafī Schools of Law by : Youssef Haddad
Download or read book Nativism Contra Acculturation: The Formation of the Mālikī and Ḥanafī 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.
Book Synopsis Between God and the Sultan by : Knut S. Vikør
Download or read book Between God and the Sultan written by Knut S. Vikør and published by Oxford University Press, USA. This book was released on 2005 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
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 Five Schools of Islamic Law by : Muḥammad Jawād Maghnīyah
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:
Book Synopsis Doubt in Islamic Law by : Intisar A. Rabb
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.
