law interpretation » _ interpretation (توسيع البحث)
"Islamic law Interpretation and construction" » "Islamic law Interpretation and conservation" (توسيع البحث)
L'Accord unanime de la communauté comme fondement des statuts légaux de l'Islam d'après Abū l-Husayn al-Basrī /
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"Le propos du present mémoire est de traduire le chapitre sur l'Iğma, tiré du Mu'tamad fĭ usūl al-Fiqh..."
Translation of : al-Kalām fī al-ijmāʻ, one of the major divisions of the author's al-Muʻtamad fī usūl al-fiqh (romanized form) :
143 pages ; 25 cm. :
Bibliography : pages [139]-140.
The foundations of jurisprudence : an introduction to Imāmī Shīʿī legal theory /
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Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004311770 :
Available to subscribing member institutions only.
Studies in Islamic Legal Theory /
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This volume is unique as a collection of studies devoted entirely to topics and issues in the field of Islamic legal theory and authored by fourteen scholars known for their work in this field. The studies deal with such topics as early notions of charismatic authority, hermeneutic techniques in Shāfiʿī's Risālah , uses of the term sunnah in the ninth century A.H., evidence for the emergence of usūl al-fiqh as a genre of legal literature in the ninth century, the function of usūl al-fiqh in relation to legal practice, theological ramifications of issues in usūl al-fiqh , Shīʿī attitudes to qiyās , the structure of juristic authority within the madhhab , usūl al-fiqh as an instrument of reform, the place of qawāʿid within Islamic legal theory. These studies are followed by a discussion among the authors.
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1 online resource. :
Includes bibliographical references and index. :
9789047400851
9789004120662
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.
Studies in Legal Hadith
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This book is dedicated to an analysis of seven groups of hadiths related to matters ranging from the rules concerning water used for ablution to those concerning the proof of facts in a qadi court. It has three main purposes. The first is to clarify the processes by which hadiths on a given topic were formed and developed by analyzing their isnāds and matns and by comparing them with expositions of positive law in legal manuals. Second, it seeks to explain why many hadiths exist in multiple variants and to detect the perception of traditionists about the revision of hadiths. The third purpose is to propose a methodology to estimate the extent to which traditionists accepted hadiths on a particular topic.
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1 online resource. :
Includes bibliographical references and index. :
9789004391093 :
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.
Maṣlaḥa and the purpose of the law : Islamic discourse on legal change from the 4th/10th to 8th/14th century /
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Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on maṣlaḥa's epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
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1 online resource. :
Includes bibliographical references (p. [355]-362) and index. :
9789004185692 :
1384-1130 ; :
Available to subscribing member institutions only.
How muftis think : Islamic legal thought and Muslim women in Western Europe /
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In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women's duties and obedience, and one stressing women's rights and equality before the law. Focusing on muftis who see "the time and place" as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women's dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
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1 online resource. :
Includes bibliographical references and index. :
9789004367852 :
Available to subscribing member institutions only.