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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.
The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht’s famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Sayyid Qutb (1906-1966) was an influential Egyptian ideologue credited with establishing the theoretical basis for radical Islamism in the post colonial Sunni Muslim world. Lacking a pure understanding of the leader's life and work, the popular media has conflated Qutb's moral purpose with the aims of bin Laden and al-Qaeda. He is often portrayed as a terrorist, Islamo-Fascist, and advocate of murder. This book rescues Qutb from misrepresentation, tracing the evolution of his thought within the context of his time. An expert on social protest and political resistance in the modern Middle East, as well as Egyptian nationalism, John Calvert recounts Qutb's life from the small village in which he was raised to his execution at the behest of Abd al-Nasser's regime. His study remains sensitive to the cultural, political, social, and economic circumstances that shaped Qutb's thought-major developments that composed one of the most eventful periods in Egyptian history. These years witnessed the full flush of Britain's tutelary regime, the advent of Egyptian nationalism, and the political hegemony of the Free Officers. Qutb rubbed shoulders with Taha Husayn, Naguib Mahfouz, and Abd al-Nasser himself, though his Islamism originally had little to do with religion. Only in response to his harrowing experience in prison did Qutb come to regard Islam and kufr (infidelity) as oppositional, antithetical, and therefore mutually exclusive. Calvert shows how Qutb repackaged and reformulated the Islamic heritage to pose a challenge to authority, including those who claimed (falsely, he believed) to be Muslim.
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative 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.
Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.
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.