Doubt in Islamic Law

Author: Intisar A. Rabb
Publisher: Cambridge University Press
ISBN: 1316195430
Format: PDF, Kindle
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This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

Coercion and Responsibility in Islam

Author: Mairaj U. Syed
Publisher: Oxford University Press
ISBN: 0198788770
Format: PDF, ePub
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In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.

The Beginnings of Islamic Law

Author: Lena Salaymeh
Publisher: Cambridge University Press
ISBN: 1316825574
Format: PDF, ePub, Mobi
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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.

Justice and Leadership in Early Islamic Courts

Author: Intisar A. Rabb
Publisher:
ISBN: 9780674984219
Format: PDF, Kindle
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Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.

An Introduction to Islamic Law

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Format: PDF, ePub
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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.

Islamic Jurisprudential Maxims 114 Maxims Expounded

Author: Abdul Baki As-Safi
Publisher: Al Manhal
ISBN:
Format: PDF, ePub
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jurisprudential maxims play a vital role in the Islamic way of life, serve as a source for legislation and regulate daily transactions. This book expounds and renders 114 maxims into English. It also furnishes a theoratical perspective of religio-legal translation and sheds light on distinctions among related terms, namely: Juurisprudential maxims, fundamentalistic maxims and Jurisprudential canons.

Revival and Reform in Islam

Author: Bernard Haykel
Publisher: Cambridge University Press
ISBN: 9780521528900
Format: PDF, Docs
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A history of the transition from traditional Shiism to Sunni reformism in pre-modern Yemen.

Sexual Violation in Islamic Law

Author: Hina Azam
Publisher: Cambridge University Press
ISBN: 1107094240
Format: PDF, Mobi
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Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.

Legal Maxims in Islamic Criminal Law Theory and Applications

Author: Luqman Zakariyah
Publisher: BRILL
ISBN: 9004304878
Format: PDF, Mobi
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Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Introduction to Islamic Civilization

Author: R. M. Savory
Publisher: Cambridge University Press
ISBN: 9780521099486
Format: PDF, Kindle
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Eighteen essays depict the historical and cultural background of Islamic society, its contributions to world literature, art, science, and medicine, and the consequences of its interaction with the Christian West