Islamic Jurisprudence in the Classical Era

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Islamic Jurisprudence in the Classical Era

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Conclusion References Notes. Abstract and Keywords This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how.

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I85 The fatwa is one of the foundation stones of the Islamic legal system, and the importance of this book lies in drawing the attention of the Western scholarly audience to it. After a lucid introduction to the theory and practice of fatwas, individual articles expose a great diversity of fatwas and examine them in great detail.

H Deals with the law and legal theory in classical and medieval Islam; topics covered include: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence. S A Mottahedeh's introduction briefly explains the nature and history of Islamic law and jurisprudence and then presents the life of the author.

From publisher: Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism.

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Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life--including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up.

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H35 From publisher: Covering more than three centuries of legal history, this study presents an important account of how Islam developed its own law from ancient Near Eastern legal cultures, Arabian customary law and Quranic reform. The book explores the interplay between law and politics, demonstrating how the jurists and ruling elite led a symbiotic existence that paradoxically allowed Islamic law to become uniquely independent of the "state. The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht's famous study on the subject published fifty years ago.

Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century.

New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.

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S24 M35 First comprehensive study of the life and works of Muhammad Baqer as-Sadr - an Iraqi scholar who made an important contribution to the renewal of Islamic law and politics in the contemporary Middle East. Executed in , Sadr was the most articulate thinker and a major political actor in the revival of Shi'i learning, which placed Najaf in Southern Iraq at its centre.

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Dr Chibli Mallat examines the intellectual development of Sadr and his companions who included Ruhullah al-Khumaini and assesses Sadr's innovative approaches to the study of law, economics and banking. From publisher: In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative.

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