The Origins of Islamic Jurisprudence : Meccan Fiqh before the Classical Schools /
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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 50 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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1 online resource. :
Includes bibliographical references and index. :
9789004491533
9789004121317
The Epistle of the eloquent clarification concerning the refutation of Ibn Qutayba /
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This is an edition of an early Shiite/Fatimid Arabic epistle that includes a controversy pertaining to several issues on Islamic law. Al-Qadi al-Nu'man (d. 363/974), the most famoust jurist of the early Fatimid period refutes the illustious Ibn Qutayba (d. 276/889). In his book Adab al-Katib, Ibn Qutayba claimed that it was enough for civil servants (kuttab) to memorize a few legal formulas in order to be able to effectively do their work without the need of long dissertations on law from jurists. In the introduction to his epistle, al-Nu'man claims that without these dissertations the civil servants would not be able to apply the law correctly. Following this, al-Nu'man launches lengthy dissertations on each one of the succinct formulas listed by Ibn Qutayba. The main argument of al-Nu'man is that the only lawgivers in Islam are the prophet Muhammad and the Imams descendents of Ali (until the seventh Imam).
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1 online resource (22, 175 pages) :
Includes bibliographical references and index. :
9789004216662 :
Available to subscribing member institutions only.
The lineaments of Islam : studies in honor of Fred McGraw Donner /
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In honor of Fred M. Donner's long and distinguished career as one of the foremost interpreters of early Islam, this volume collects more than a dozen original studies by his students. They range over a wide array of sub-fields in Islamic history and Islamic studies, including early history, historiography, Islamic law, religious studies, Qur'anic studies and Islamic archaeology. The book also includes a bibliography of Donner's works and a biographical sketch of sorts. Taken together, these essays are a clear testament to Donner's wide-ranging and continuing impact on the field. Contributors include: Sean W. Anthony, Jonathan A. C. Brown, David Cook, Vaness De Gifis, Asa Eger, Tracy Hoffman, Marion H. Katz, Kathryn M. Kueny, Shari Lowin, Jens Scheiner, Robert Schick, Stuart Sears, Elizabeth Urban, Tasha Vorderstrasse, Brannon Wheeler, and Hayrettin Yücesoy.
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Description based upon print version of record. :
1 online resource (506 pages) :
Includes bibliographical references and index. :
9789004231948 :
Available to subscribing member institutions only.
The Islamic scholarly tradition studies in history, law, and thought in honor of Professor Michael Allan Cook /
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The volume contains highly original articles on Islamic history, law, and thought, each either proposing new hypotheses or readjusting existing ones. The contributions range from studies in the formulation of the pre-Islamic Arabian calendar to notes on the \'blood-money group\' in Islamic law, and to transformations in Arabic logic in the post-Avicennan period. Prepared by former students of Michael A. Cook, to whom this volume is dedicated, these studies not only shed new light on the development of the Islamic scholarly tradition from various perspectives, but together they also represent the honoree's vast, profound, and continuing impact on the field. This collection of highly empirical articles is intended for scholars and students specializing in various subfields within Islamic Studies.
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1 online resource. :
Includes bibliographical references and index. :
9789004214743
Analysing Muslim traditions : studies in legal, exegetical and Maghazi hadith /
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Since its inception, the study of Ḥadīth conducted by scholars trained in the Western academic tradition has been marked by sharp methodological debates. A focal issue is the origin and development of traditions on the advent of Islam. Scholars' verdicts on these traditions have ranged from "late fabrications without any historical value for the time concerning which the narrations purport to give information" to "early, accurately transmitted texts that allow one to reconstruct Islamic origins". Starting from previous contributions to the debate, the studies collected in this volume show that, by careful analysis of their texts and chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability and their historicity assessed afresh.
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1 online resource. :
Includes bibliographical references (p. [467]-477) and index. :
9789004193314 :
Available to subscribing member institutions only.
Early Islamic law in Basra in the 2nd/8th century : Aqwāl Qatāda born Diʻāma al-Sadūsī /
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The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda born Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir born Zayd (d. 93/ 711) have been transmitted through ʿAmr born Harim and ʿAmr born Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir , instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
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1 online resource (516 pages) :
Includes bibliographical references and indexes. :
9789004339538 :
0929-2403 ; :
Available to subscribing member institutions only.
Mālik and Medina : Islamic legal reasoning in the formative period /
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This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
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1 online resource (552 pages) :
Includes bibliographical references and index. :
9789004247888 :
Available to subscribing member institutions only.