Negotiating Homosexuality in Islam : A Legal-hermeneutical Examination of Modern Shīʿī Discourse /
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To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imāmī legal debates. I have undertaken this research on the thesis that modern Imāmī legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shiʿi legal scholarship? Responding to this central query, the study is premised on the notion that Imāmī legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad . Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.
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1 online resource (370 pages) : illustrations. :
Includes bibliographical references and index. :
9789004697065
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.