Doubt in Islamic Law

Author: Intisar A. Rabb

Publisher: Cambridge University Press

ISBN: 9781107080997

Category: History

Page: 432

View: 342

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Routledge Handbook of Islamic Law

Author: Khaled Abou El Fadl

Publisher: Routledge

ISBN: 9781317622444

Category: Religion

Page: 450

View: 829

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
A Bibliography of Islamic Criminal Law

Author: Olaf Köndgen

Publisher: BRILL

ISBN: 9789004472785

Category: Law

Page: 468

View: 691

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
The Formation of Post-Classical Philosophy in Islam

Author: Frank Griffel

Publisher: Oxford University Press

ISBN: 9780190886325

Category: Philosophy

Page: 664

View: 259

"This is a comprehensive study of the far-reaching changes that led to a re-shaping of the philosophical discourse in Islam during the sixth/twelfth century. Whereas earlier Western scholars thought that Islam's engagement with the tradition of Greek philosophy ended during that century, more recent analyses suggest its integration into the genre of rationalist Muslim theology (kalam). This book proposes a third view about the fate of philosophy in Islam. It argues that in addition to this integration, Muslim theologians picked up the discourse of philosophy in Islam (falsafa) and began to produce books on philosophy. Written by the same authors, books in these two genres, kalām and philosophy, argue for opposing teachings on the nature of God, the world's creation, and on the afterlife. This study explains the emergence of a new genre of philosophical books called "hikma" that stand opposed to Islamic theology and at the same wishes to complement it. Offering a detailed history of philosophy in Iraq, Iran, and Central Asia during the sixth/twelfth century together with an analysis of the circumstances of practicing philosophy during this time, this study can show how reports of falsafa, written by major Muslim theologians such as al-Ghazali (d. 505/1111), developed step-by-step into critical assessments of philosophy that try to improve philosophical teachings, and eventually become fully fledged philosophical summas in the work of Fakhr al-Din al-Razi (d. 606/1210). The book ends in a discussion of the different methods of kalam and hikma and the coherence and ambiguity of a Muslim post-classical philosopher's œuvre"--
The Oxford Handbook of Law and Humanities

Author: Simon Stern

Publisher: Oxford University Press

ISBN: 9780190695644

Category: Law

Page: 800

View: 930

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
Crime and Punishment in Islamic Law

Author: Mohammad Hashim Kamali

Publisher: Oxford University Press, USA

ISBN: 9780190910648

Category: Philosophy

Page: 464

View: 614

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
Harmonizing Similarities

Author: Elias G. Saba

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110604399

Category: Religion

Page: 258

View: 100

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.
A Historical Approach to Casuistry

Author: Carlo Ginzburg

Publisher: Bloomsbury Publishing

ISBN: 9781350006768

Category: History

Page: 376

View: 152

Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.
Legal Maxims in Islamic Law

Author: Necmettin Kızılkaya

Publisher: BRILL

ISBN: 9789004444676

Category: Law

Page: 324

View: 877

This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.