Based on a new source, this study reconstructs for the first time the early development of Islamic jurisprudence at Mecca and challenges the current view of scholarship concerning the origins of Islamic jurisprudence.
If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Release on 1985 | by Muḥammad Muṣṭafá Aʻẓamī,Joseph Schacht
Author: Muḥammad Muṣṭafá Aʻẓamī,Joseph Schacht
Pubpsher: Islamic Texts Society
This in-depth study presents a detailed analysis and critique of the classic Western work on the origins of Islamic law, Schacht's Origins of Muhammadan Jurisprudence. Azami's work examines the sources used by Schacht to develop his thesis on the relation of Islamic law to the Qur'an, and exposes fundamental flaws in Schacht's methodology that led to the conclusions unsupported by the texts examined. This book is an important contribution to Islamic legal studies from an Islamic perspective.
At the time of his death in 1998, at the age of 47, Norman Calder had become the most widely-discussed scholar in his field. The present volume of twenty-one of his articles and book chapters represents the full richness and diversity of Calder's oeuvre, from his initial doctoral research on Shii Islam to his later more philosophical writings on Sunni hermeneutics, in addition to his numerous studies on early Islamic history and jurisprudence. Many of the articles in this volume have already become classics for the fields of Muslim jurisprudence and hermeneutics.
Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.
Release on 1993 | by Lecturer in Arabic and Islamic Studies Norman Calder,Norman Calder
Author: Lecturer in Arabic and Islamic Studies Norman Calder,Norman Calder
Pubpsher: Oxford University Press, USA
Category: Islamic law
This book offers a coherent theory of the origins and early development of Islamic law. The author grounds his argument in a series of representative passages from the earliest juristic works, many of them translated here for the first time. Succeeding chapters demonstrate the creativity of early Muslim civilization in literary forms, juristic norms, and hermeneutic technique. Drawing on the tradition of Islamic scholarship represented by such names as Ignaz Goldziher, Joseph Schacht, and John Wansborough, Calder is sensitive also to the development of methodology and technique in the parallel fields of Biblical and Rabbinical Studies. Grounding all his major generalizations in precise textual detail, he evokes the social, political and intellectual concerns of Muslim civilization in its most formative period. Calder demonstrates that many of the usual connotations are not appropriate to the understanding of early Muslim jurisprudence. The surviving texts constitute and lively record of how the early Muslim community created the major symbols of its own identity.
Networks of Malay-Indonesian and Middle Eastern 'Ulam?' in the Seventeenth and Eighteenth Centuries
Author: Azyumardi Azra
Pubpsher: University of Hawaii Press
Professor Azra's meticulous study, using sources from the Middle East itself, shows how scholars in the seventeenth and eighteenth centuries were reconstructing the intellectual and socio-moral foundation of Muslim societies.
Release on 2014-08-28 | by Peri Bearman,Professor Rudolph Peters
Author: Peri Bearman,Professor Rudolph Peters
Pubpsher: Ashgate Publishing, Ltd.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
A Critical Study of the Concept of "naskh" and Its Impact
Author: Louay Fatoohi
This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text. The term has gained popularity in recent years, as Muslim groups and individuals claim that many passages about tolerance in the Qur’an have been abrogated by others that call on Muslims to fight their enemies. Author Louay Fatoohi argues that this could not have been derived from the Qur’an, and that its implications contradict Qur’anic principles. He also reveals conceptual flaws in the principle of abrogation as well as serious problems with the way it was applied by different scholars. Abrogation in the Qur’an and Islamic Lawtraces the development of the concept from its most basic form to the complex and multi-faceted doctrine it has become. The book shows what specific problems the three modes of abrogation were introduced to solve, and how this concept has shaped Islamic law. The book also critiques the role of abrogation in rationalizing the view that not all of the Qur’anic revelation has survived in the "mushaf", or the written record of the Qur’an. This role makes understanding abrogation an essential prerequisite for studying the history of the Qur’anic text.