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Norman Calder is still considered a luminary in the field of Islamic law. He was one among a handful of Western scholars who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and give clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances.
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
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.
In recent decades, scholars have come to recognize the importance of classical Islamic philosophy both in its own right and in its preservation of and engagement with Western philosophical ideas. At the same time, the period immediately following the so-called classical period has often been seen as a sort of dark age, in which Islamic thought entered a long period of decline. In this monumental new work, Frank Griffel seeks to overturn this conventional wisdom, arguing that what he calls the "post-classical" period has been unjustly maligned and neglected by previous generations of scholars.The Formation of Post-Classical Philosophy in Islam is a comprehensive study of the far-reaching changes that led to a re-shaping of the philosophical discourse in Islam during the twelfth century. Earlier Western scholars thought that Islam's engagement with the tradition of Greek philosophy ended during that century. More recent analyses suggest that Islamic thinkers instead integrated Greek thought into the genre of rationalist Muslim theology (kalam). Griffel argues that even this view misses a key point. In addition to the integration of Greek ideas into kalam, Muslim theologians picked up the discourse of philosophy in Islam (falsafa) and began to produce books on philosophy. Books in these two genres, kalam and philosophy, argue for opposing teachings on the nature of God, the world's creation, and on the afterlife - even when written by the same authors. Griffel explains the emergence of a new genre of philosophical books called "hikma," works that stand opposed to Islamic theology and at the same wish to complement it. Offering a detailed history of philosophy in Iraq, Iran, and Central Asia during the twelfth century, together with an analysis of the way philosophy was practiced during this time, Griffel shows how works of falsafa, written by major Muslim theologians such as al-Ghazali developed step-by-step into critical assessments of philosophy that try to improve philosophical teachings, and eventually become fully fledged philosophical summas in the work of Fakhr al-Din al-Razi. Griffel's examination of the different methods of kalam and hikma demonstrate both the coherence and ambiguity of a Muslim post-classical philosopher's oeuvre.A work of extraordinary breadth and depth, The Formation of Post-Classical Philosophy in Islam will be essential reading for anyone interested in the history of Philosophy or the history of Islam.
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.