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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.
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.
Political and cultural representations of Muslims : Islam in the plural /
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Relations between Muslims and non-Muslims have received unprecedented attention since 9/11. In many predominantly non-Muslim countries intense debates have focused on international relations with Muslim-majority states, but dilemmas of national policy and practice in incorporating domestic Muslim minorities have also provoked heated argument. Meanwhile, within predominantly Muslim societies, and within Muslim diasporas, relationships with non-Muslims have posed pressing questions about compatibility, antagonism or adaptation of beliefs, identities and customs. The essays forming this multidisciplinary collection analyse concerns arising from clashing perceptions of Muslims in the political and cultural spheres: the majority of chapters deal with non-Muslim representations of Muslims, but several chapters reverse the perspective by examining Muslims' own understandings of their relationships with non-Muslim societies. Contributors include: Ahmed K. al-Rawi, Ebru Ş. Canan-Sokullu, Tereza Capelos, Gaetan Clavien, Danila Genovese, Matteo Gianni, Signe Kjær Jørgensen, Priyasha Kaul, Chloe Patton, Timothy Peace, Mirjam Shatanawi, Dunya van Troost, and John Turner.
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1 online resource (ix, 211 pages) : illustrations. :
Includes bibliographical references and index. :
9789004231030 :
Available to subscribing member institutions only.
Islam and rationality : the impact of al-Ghazali : papers collected on his 900th anniversary /
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This volume offers an account of Abū Ḥāmid al-Ghazālī (d. 505/1111) as a rational theologian who created a symbiosis of philosophy and theology and infused rationality into Sufism. The majority of the papers herein deal with important topics of al-Ghazālī's work, which demonstrate his rational treatment of the Qurʾān and major subjects of Islamic theology and everyday life of Muslims. Some other contributions address al-Ghazālī's sources and how his intellectual endeavors were later received by scholars who had the same concern of reconciling religion and rationality within Islam, Christianity and Judaism. With contributions by Binyamin Abrahamov, Hans Daiber, Ken Garden, Avner Giladi, Scott Girdner, Frank Griffel, Steven Harvey, Alfred Ivry, Jules Janssens, Taneli Kukkonen, Luis Xavier López-Farjeat, Wilferd Madelung, Yahya M. Michot, Yasien Mohamed, Eric Ormsby, M. Sait Özervarlı, and Hidemi Takahashi.
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Volume 98 edited by Frank Griffel. :
1 online resource (xxiii, 454 pages) :
Includes bibliographical references (volume 1, pages 399-439) and indexes. :
9789004290952 :
0169-8729 ; :
Available to subscribing member institutions only.
Divide and Sharing : Navigating Controversial Issues in the Classroom /
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In a polarized world, educators face the challenge of addressing controversial issues in the classroom. This book provides an in-depth exploration of the ethical, philosophical, and practical considerations involved in discussing sensitive topics. Drawing on case studies from Israel and Western democracies, the author offers actionable strategies for fostering critical thinking and civic engagement in students. It addresses the complexities of balancing diverse perspectives, navigating potential conflicts, and promoting informed discussions. Essential for educators, parents, and policymakers, this book serves as a vital resource for those seeking to prepare students for active participation in democratic societies across the globe.
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1 online resource (260 pages) : illustrations. :
Includes bibliographical references and index. :
9789004741157
The religious and spiritual life of the Jews of Medina /
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In The Religious and Spiritual Life of the Jews of Medina Haggai Mazuz offers an account of the halakhic character of the Jewish community of Medina in the seventh century CE. Making use of a unique methodology of comparison between Islamic and Jewish sources, Mazuz convincingly argues that the Jews of Medina were Talmudic-Rabbinic Jews in almost every respect. Their sages believed in using homiletic interpretation of the Scriptures, as did the sages of the Talmud. On many halakhic issues, their observations were identical to those of the Talmudic sages. In addition, they held Rabbinic beliefs, sayings and motifs derived from the Midrashic literature.
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1 online resource (pages) :
Includes bibliographical references and index. :
9789004266094 :
Available to subscribing member institutions only.
Faith and human reason : a study of Paul's method of preaching as illustrated by 1-2 Thessalonians and Acts 17, 2-4 /
: Originally presented as the author's thesis, Cambridge, 1973. : 1 online resource (xii, 225 pages) : Includes bibliographical references (p. 212-225). : 9789004266223 : Available to subscribing member institutions only.
Evil and Intelligibility : A Grammatical Metacritique of the Problem of Evil /
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This book develops a grammatical method for our underlying presuppositions which can help us unravel the problem of evil. The problem essentially rests on a dualism between fact and meaning. Evil and Intelligibility provides an examination of the grammar of being and of the intelligibility of the world, culminating in a philosophical grammar in which God, meaning, and evil can coexist.
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1 online resource :
Includes bibliographical references and index. :
9789004524781
9789004524798
Resolving Disputes in Second Century BCE Herakleopolis : A Study in Jewish Legal Reasoning in Hellenistic Egypt /
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Resolving Disputes challenges the consensus that the petitions to the leaders of "the πολίτευμα of the Jews in Herakleopolis" (P.Polit.Iud. 8.4-5) prove that while the Ptolemies granted Jews limited self-governance according to their ancestral traditions, the petitioners nonetheless relied almost exclusively on Ptolemaic Greek law to make their agreements and settle their arguments. Reading the appeals in their proper juridical context, this study shows how these Jewish petitioners in fact made sophisticated use of their ancestral norms, drawing from them principles that complemented and contradicted prevailing Greek law. The Jews appealing to the leaders of the πολίτευμα in Herakleopolis embraced Torah.
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1 online resource. :
Includes bibliographical references and index. :
9789004508286
9789004505636
Resolving Disputes in Second Century BCE Herakleopolis : A Study in Jewish Legal Reasoning in Hellenistic Egypt /
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Resolving Disputes challenges the consensus that the petitions to the leaders of "the πολίτευμα of the Jews in Herakleopolis" (P.Polit.Iud. 8.4-5) prove that while the Ptolemies granted Jews limited self-governance according to their ancestral traditions, the petitioners nonetheless relied almost exclusively on Ptolemaic Greek law to make their agreements and settle their arguments. Reading the appeals in their proper juridical context, this study shows how these Jewish petitioners in fact made sophisticated use of their ancestral norms, drawing from them principles that complemented and contradicted prevailing Greek law. The Jews appealing to the leaders of the πολίτευμα in Herakleopolis embraced Torah.
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1 online resource. :
Includes bibliographical references and index. :
9789004508286
9789004505636
The aporia of inner sense : the self-knowledge of reason and the critique of metaphysics in Kant /
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This work - the first full-length account of its theme in English - identifies Kant's doctrine of inner sense as a central, and problematic, element within the 'architectonic of pure reason' of the first Critique. Its exegesis exposes two, variant construals of the character and capacities of inner sense: the first, 'positive' construal functions in Kant's account of the nature of knowledge in the Transcendental Analytic, while the second, 'negative' construal functions in Kant's account of the limits of knowledge in the Transcendental Dialectic. Green shows how this variance underlies, and destabilizes, the basic intention of Kant's theoretical philosophy, to give an account of both the nature, and the limits, of cognition. The work complements detailed analysis with an exhaustive review of English, French, and German scholarship on the doctrine. An Appendix on Kant's recently discovered 'Vom inneren Sinne' fragment evinces Kant's continued concern with this doctrine, and a Conclusion intimates the importance of Fichte's and Schelling's identification of the 'aporia of inner sense' to the subsequent development of transcendental idealism.
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1 online resource. :
Includes bibliographical references and index. :
9789004186750 :
Available to subscribing member institutions only.
The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /
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This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
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1 online resource (296 pages) : illustrations. :
Includes bibliographical references and index. :
9789004538368
Elitism and the Approach to God /
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Elitism and the Approach to God investigates a historical and cultural dichotomy in European history which has not hitherto been satisfactorily explained Why did so many of the most influential "authorities" of the age insist that the nature and mystery of the divine and of God should not be shared with "the vulgar crowd", that is with the ordinary people, although this appears to be the principal purpose of all other religious teaching throughout the period? Robin Raybould gives examples from the works of more than sixty "authorities" who insisted that the mysteries of the divine should remain secret. He then surveys the attempts of other religious and civic leaders, both pagan and Christian, to investigate, understand and by contrast to share their findings on the nature of God. In a final section he attempts to reconcile these opposing views.
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1 online resource (224 pages) : illustrations. :
Includes bibliographical references and index. :
9789004527157
Rabbinic discourse as a system of knowledge : "the study of Torah is equal to them all" /
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In Rabbinic Discourse as a System of Knowledge Hannah Hashkes employs contemporary philosophy in describing rabbinic reasoning as a rational response to experience. Hashkes combines insights from the philosophy of Quine and Davidson with the semiotics of Peirce to construe knowledge as systematic reasoning occurring within a community of inquiry. Her reading of the works of Emmanuel Levinas and Jean-Luc Marion allows her to create a philosophical bridge between a discourse of God and a discourse of reason. This synthesis of pragmatism, hermeneutics and theology provides Hashkes with a sophisticated tool to understand Rabbinic Judaism. It also makes this study both unique and pathbreaking in contemporary Jewish philosophy and Rabbinic thought.
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1 online resource (xiii, 280 pages) :
Includes bibliographical references (p. 261-271) and index. :
9789004290488 :
2210-481X ; :
Available to subscribing member institutions only.