Islamic Legal Orthodoxy

Twelver Shiite Responses to the Sunni Legal System
Author: Devin J. Stewart
Publisher: N.A
ISBN: N.A
Category: History
Page: 280
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Stewart points to an underlying tension in Shi'ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissimulation, and in the lives of certain Shi'ite scholars who lived and studied among Sunnis. One of the most far-reaching developments in the history of Islam was the rise of the four classic Sunni schools of law between the ninth and eleventh centuries CE. Consolidation of these schools went hand in hand with the establishment of jurists' dominance over religious discourse and social institutions. Orthodoxy came to be defined as the consensus (ijma') of the Sunni jurists. Devin Stewart argues that it is to the margins of the emerging system that investigators must look to understand its historical dynamics. The development of Twelve Shi'ite jurisprudence in relation and reaction to the Sunni schools is particularly informative. In Islamic Legal Orthodoxy, Stewart explores the process by which Shi'ite jurists participated in the mainstream of Islamic jurisprudence and were influenced by Sunni legal doctrines. He identifies three main reactions to Sunni legal definitions of othodoxy and the concept of consensus on which it was based. The Akhbaris rejected Sunni legal consensus and juristic authority for a scripture-based system; many Shi'ite outwardly accepted the ground rules of Sunni legal consensus and joined the Shafi'i school of jurisprudence; a third option was to adopt the concept of consensus to create a "fifth," Shi'ite, legal system. The development of the Sunni legal system effectively set the ground rules for the marginal sect's negotiation of their identity with respect to Islamic legal orthodoxy. Accordingly, Shi'ite jurists developed a legal institution that is structurally similar to the four Sunni madhhabs and even today serves as means to position themselves in the Muslim world. Stewart points to an underlying tension in Shi'ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissmulation (taqiyyah) and the lives of certain Shi'ite scholars who lived and studies among Sunnis.

The Cambridge Companion to Classical Islamic Theology


Author: Tim Winter
Publisher: Cambridge University Press
ISBN: 1107494419
Category: Religion
Page: 350
View: 7146

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This series of critical reflections on the evolution and major themes of pre-modern Muslim theology begins with the revelation of the Koran, and extends to the beginnings of modernity in the eighteenth century. The significance of Islamic theology reflects the immense importance of Islam in the history of monotheism, to which it has brought a unique approach and style, and a range of solutions which are of abiding interest. Devoting especial attention to questions of rationality, scriptural fidelity, and the construction of 'orthodoxy', this volume introduces key Muslim theories of revelation, creation, ethics, scriptural interpretation, law, mysticism, and eschatology. Throughout the treatment is firmly set in the historical, social and political context in which Islam's distinctive understanding of God evolved. Despite its importance, Islamic theology has been neglected in recent scholarship, and this book provides a unique, scholarly but accessible introduction.

Sprachphilosophie in der islamischen Rechtstheorie


Author: Nora Kalbarczyk
Publisher: BRILL
ISBN: 9004366334
Category: Religion
Page: 306
View: 690

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In Sprachphilosophie in der islamischen Rechtstheorie untersucht Nora Kalbarczyk, wie Faḫr ad-dīn ar-Rāzī (gest. 1210) auf der Grundlage von Ibn Sīnās (gest. 1037) Klassifikation der Bezeichnung ein hermeneutisches Instrumentarium entwickelt, das im Kontext der islamischen Rechtstheorie fruchtbar gemacht wird. In Sprachphilosophie in der islamischen Rechtstheorie Nora Kalbarczyk examines how Faḫr ad-dīn ar-Rāzī (d. 1210) develops – on the basis of Ibn Sīnā’s (d. 1037) theory of signification – a hermeneutic toolbox which is also useful in the context of Islamic legal theory.

Das islamische Recht

Eine Einführung
Author: Mathias Rohe
Publisher: C.H.Beck
ISBN: 3406646638
Category: Religion
Page: 128
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Die Scharia ist im Westen weithin zum Schreckensbegriff geworden, der mit drakonischen Strafen und der Ungleichbehandlung von Frauen und Männern, Muslimen und Nichtmuslimen in Verbindung gebracht wird. Für viele Muslime ist die Scharia dagegen ein wesentlicher Teil ihres Selbstverständnisses. Mathias Rohe will mit seiner allgemeinverständlichen Einführung zur Versachlichung der Diskussion beitragen. Er erklärt, auf welche Quellen das Recht der Scharia zurückgeht, welches die wesentlichen Inhalte des klassischen islamischen Rechts sind und wie es sich gegenwärtig in der islamischen Welt, aber auch in Deutschland und Europa entwickelt. Besonderes Augenmerk gilt dabei unter anderem dem im Westen heftig umstrittenen islamischen Ehe- und Familienrecht sowie den Menschenrechten.

Revival and Reform in Islam

The Legacy of Muhammad Al-Shawkani
Author: Bernard Haykel
Publisher: Cambridge University Press
ISBN: 9780521528900
Category: History
Page: 265
View: 5601

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A history of the transition from traditional Shiism to Sunni reformism in pre-modern Yemen.

Muslim Identities

An Introduction to Islam
Author: Aaron W. Hughes
Publisher: Columbia University Press
ISBN: 0231531923
Category: Religion
Page: 328
View: 2241

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Rather than focus solely on theological concerns, this well-rounded introduction takes an expansive view of Islamic ideology, culture, and tradition, sourcing a range of historical, sociological, and literary perspectives. Neither overly critical nor apologetic, this book reflects the rich diversity of Muslim identities across the centuries and counters the unflattering, superficial portrayals of Islam that are shaping public discourse today. Aaron W. Hughes uniquely traces the development of Islam in relation to historical, intellectual, and cultural influences, enriching his narrative with the findings, debates, and methodologies of related disciplines, such as archaeology, history, and Near Eastern studies. Hughes's work challenges the dominance of traditional terms and concepts in religious studies, recasting religion as a set of social and cultural facts imagined, manipulated, and contested by various actors and groups over time. Making extensive use of contemporary identity theory, Hughes rethinks the teaching of Islam and religions in general and helps facilitate a more critical approach to Muslim sources. For readers seeking a non-theological, unbiased, and richly human portrait of Islam, as well as a strong grasp of Islamic study's major issues and debates, this textbook is a productive, progressive alternative to more classic surveys.

Speaking for Islam

Religious Authorities in Muslim Societies
Author: Gudrun Krämer,Sabine Schmidtke
Publisher: BRILL
ISBN: 900414949X
Category: Social Science
Page: 305
View: 4227

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Focuses on Middle Eastern Muslim majority societies in the period from the eighteenth to the twentieth centuries. This work contains papers which highlight the scope and variety of religious authorities in Muslim societies.

Modern Islamic Thought in a Radical Age

Religious Authority and Internal Criticism
Author: Muhammad Qasim Zaman
Publisher: Cambridge University Press
ISBN: 1139577182
Category: History
Page: N.A
View: 7415

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Among traditionally educated scholars in the Islamic world there is much disagreement on the crises that afflict modern Muslim societies and how best to deal with them, and the debates have grown more urgent since 9/11. Through an analysis of the work of Muhammad Rashid Rida and Yusuf al-Qaradawi in the Arab Middle East and a number of scholars belonging to the Deobandi orientation in colonial and contemporary South Asia, this book examines some of the most important issues facing the Muslim world since the late nineteenth century. These include the challenges to the binding claims of a long-established scholarly consensus, evolving conceptions of the common good, and discourses on religious education, the legal rights of women, social and economic justice and violence and terrorism. This wide-ranging study by a leading scholar provides the depth and the comparative perspective necessary for an understanding of the ferment that characterizes contemporary Islam.

Disagreements of the Jurists

A Manual of Islamic Legal Theory
Author: al-Qadi al-Numan,
Publisher: NYU Press
ISBN: 0814771424
Category: Religion
Page: 496
View: 4132

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Al-Qadi al-Nuʿman was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shiʿi system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.

Origin and Development of Islamic Law


Author: Majid Khadduri,Herbert J. Liebesny
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584778644
Category: History
Page: 395
View: 791

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The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

Islam und Rechtsstaat

zwischen Scharia und Säkularisierung
Author: Konrad-Adenauer-Stiftung
Publisher: N.A
ISBN: N.A
Category: Religion
Page: 152
View: 2925

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Schätze des Orients


Author: Henri Stierlin,Anne Stierlin
Publisher: N.A
ISBN: 9783894056070
Category: Art, Iranian
Page: 319
View: 7922

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