Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri /
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In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition , Talal Al-Azem argues for the existence of a madhhab -law tradition' of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ ) by which one opinion is chosen as the binding precedent ( taqlīd ). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ , Al-Azem presents a new periodisation of the Ḥanafī madhhab , analyses the theory of rule formulation, and demonstrates how this madhhab -law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.
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1 online resource. :
Includes bibliographical references and index. :
9789004323292 :
Available to subscribing member institutions only.
Sharḥ al-Taʿarruf li-madhhab al-taṣawwuf /
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The Kitāb al-taʿarruf li-madhhab al-taṣawwuf by Abū Bakr b. Isḥāq al-Kalābādhī (d. 380-85/990-995) is one of the most famous early manuals on Sufism. Written in Bukhara under the strongly orthodox Samanids, it consists of four parts: an explanation of the term ṣūfī and a listing of famous Sufis with a typology of their writings, an exposition of the Sufī creed and its conformity with orthodox Islam, an explanation of the spiritual path of the Sufi with accompanying terminology, and a description of Sufi conduct and of their special relation with God. The work saw four commentaries, the present one by Ismāʿīl Mustamlī Būkhārī (d. 434/1043) being one of them. Starting each time with a brief quotation from the original Arabic, the commentary in Persian. This is a facsimile edition of a manuscript from the Bhīravī collection in the National Archives of Pakistan, dated 473/1081. The manuscript is incomplete, with about half of the commentary missing.
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"Nuskhah bargardān bih qaṭʻ-i aṣl-i nuskhah-i khaṭṭī bih shumārah-i 207.1959. M. N. Mūzih-i Millī-i Pākistān (Karāchī), kitābat-i 473 H." :
1 online resource. :
9789004406216
9786002030634
The Ẓāhirī Madhhab (3rd/9th-10th/16th century) : a textualist theory of Islamic law /
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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab . Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra'y than to the Ahl al-Ḥadīth . Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab , which never actually developed into a full-fledged school of law. By examining the meaning of ' ẓāhir ' and modern scholarship on 'literalism', he challenges the view that Ẓāhirism was literalist, proposing 'textualism' as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
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Revised version of the author's doctoral thesis--Princeton University, 2010. :
1 online resource. :
Includes bibliographical references and index. :
9789004279650 :
Available to subscribing member institutions only.
Islamic law in theory : studies on jurisprudence in honor of Bernard Weiss /
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
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1 online resource. :
Includes bibliographical references and index. :
9789004265196
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
All those Nations : Cultural Encounters within and with the Near East /
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This collection of studies treats the theme of cultural (and other) confrontations between different groups (ethnic, or linguistic, or political, or religious...) within the Middle East, but also in some contributions, the types of confrontation between the West and the Middle East.
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1 online resource. :
Includes bibliographical references and index. :
9789004502161
9789056930325
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.
The Sound Traditions: Studies in Ismaili Texts and Thought /
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The Sound Traditions: Studies in Ismaili Texts and Thought is a collection of Ismail K. Poonawala's articles on Ismaili studies. Divided into three sections, the volume consists of nineteen articles that have been published over a long period of more than forty years. Part One focuses on Ismaili sources and the question of their authorship. The aspects of Ismaili rational discourses are examined in Part Two. Focusing on the scriptural knowledge of Ismaili tradition, Part Three then delves into investigating al-Qāḍī al-Nuʿmān's life and contribution. This volume is an excellent gateway to the study of origins and development of Ismaili thought.
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1 online resource :
Includes bibliographical references and index. :
9789004470729
9789004470576