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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.
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.
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.
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
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.
A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.
This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.
The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda b. Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir b. Zayd (d. 93/ 711) have been transmitted through ʿAmr b. Harim and ʿAmr b. Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir, instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
This volume focuses on the portions of Muslim purity jurisprudence that deal with matters libidinal -- mul masa (the ritual result of contact with the opposite sex) and jan ba (ceremonial defilement following cohabitation) -- and examines their implications for the Islamic outlook on sexuality."
This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.