Early Islamic legal theory : the Risāla of Muḥammad ibn Idrīs al-Shāfiʻī /
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The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla , in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī's creative account of the law's architectonics, hermeneutical techniques, legal epistemology, relationship to kalām , and the role of consensus ( ijmāʿ ).
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1 online resource. :
Includes bibliographical references (p. [387]-399) and indexes. :
9789047423898 :
Available to subscribing member institutions only.
The Ẓāhirīs : their doctrine and their history : a contribution to the history of Islamic theology /
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Ignaz Goldziher wrote his book 'Die Zahiriten' in 1883. The English translation of this standard work on Islamic jurisprudence appeared in 1971. The book has been in print ever since. This new edition in the Brill Classics in Islam series shows that The Ẓāhirīs has not lost any of its actuality. The individual that adheres to the principles of madhhab al-Ẓāhir, the Islamic legal school, is called Ẓāhirī. Goldziher gives an extensive presentation of the Ẓāhirīte school, its doctrine and the position of its representatives within orthodox Islam. Ẓāhirism accepts only the facts clearly revealed by sensible, rational and linguistic intuitions, controlled and corroborated by Qurʾānic revelation. This history of Islamic theology sheds light on the Ẓāhirīte legal interpretation vis-à-vis other legal schools and gives an interesting insight in questions like 'are all prescriptions and prohibitions in Islamic law commanded or forbidden?'
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1 online resource. :
Includes bibliographical references (p. [212]-216) and index. :
9789047423881 :
Available to subscribing member institutions only.