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: 890

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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.

'Alids

Author: Teresa Bernheimer

Publisher: Edinburgh University Press

ISBN: 0748638482

Category: Religion

Page: 128

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This first in-depth study of the 'Alids focuses on the crucial formative period from the Abbasid Revolution to the end of the Seljuq period. Exploring their rise from both a religious point of view and as a social phenomenon, Bernheimer investigates how they attained and extended the family's status over the centuries. The 'Alids are the descendants of the Prophet Muhammad, the elite family of Islam. The respect and veneration they are accorded is unparalleled in Islamic society, regardless of political or religious affiliation. And they have played a major role Islamic history, from famous early rebels to the founders and eponyms of major Islamic sects, and from 9th-century Moroccan and 10th-century Egyptian rulers to the current King of Jordan, the Ayatollah Khomeini and the Aga Khan.

The Oxford Handbook of Islamic Law

Author: Anver M. Emon,Rumee Ahmed

Publisher: Oxford Handbooks in Law

ISBN: 0199679010

Category: Law

Page: 1008

View: 7724

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This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an idealintroduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate thecontested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

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: 2049

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

Islamic Legal Thought

A Compendium of Muslim Jurists

Author: David Powers,Susan Spectorsky,Oussama Arabi

Publisher: BRILL

ISBN: 9004255885

Category: Law

Page: 606

View: 4423

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In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.

Speaking for Islam

Religious Authorities in Muslim Societies

Author: Gudrun Krämer,Sabine Schmidtke

Publisher: BRILL

ISBN: 900414949X

Category: Social Science

Page: 305

View: 3923

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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: 8125

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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

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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.

Muslim Identities

An Introduction to Islam

Author: Aaron W. Hughes

Publisher: Columbia University Press

ISBN: 0231531923

Category: Religion

Page: 328

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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.

The Islamic School of Law

Evolution, Devolution, and Progress

Author: Peri J. Bearman,Rudolph Peters,Frank E. Vogel

Publisher: Islamic Legal Studies Program

ISBN: 9780674017849

Category: Religion

Page: 300

View: 1332

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The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate. As scholars look to the construction of a new Islamic legal history, these essays inform on the background to madhhab formation, on inter-madhhab polemics and the drive toward legal authority, on madhhab perpetuation and anti-madhhab tendencies, on the constitutional role of the madhhab, on the madhhab's legislative and adjudicative mechanisms, and on the significance of the madhhab in comparative terms. This volume is of value to anyone interested in the nature of Islamic law.

Islamic Law

Cases, Authorities and Worldview

Author: Ahmad Atif Ahmad

Publisher: Bloomsbury Publishing

ISBN: 1474274528

Category: Religion

Page: 224

View: 9456

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Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

Converting Persia

Religion and Power in the Safavid Empire

Author: Rula Jurdi Abisaab

Publisher: I.B.Tauris

ISBN: 9781860649707

Category: History

Page: 243

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Under the Safavids (1501-1736 CE) Persia adopted Shi'ism as its official religion. Rula Abisaab explains how and why this specific brand of Shi'ism--urban and legally-based--was brought to the region by leading Arab 'Ulama from Ottoman Syria, and changed the face of the region until this day. These emigre scholars furnished distinct sources of legitimacy for the Safavid monarchs, and an ideological defense against the Ottomans. Just as important at the time was a conscious and vivid process of Persianization both at the state level and in society. Converting Persia is vital reading for anthropologists, historians and scholars of religion, and any interested in Safavid Persia, in Shi'ism, and in the wider history of the Middle East.

Radical Islam in East Africa

Author: Angel Rabasa

Publisher: Rand Corporation

ISBN: 0833046799

Category: Political Science

Page: 110

View: 1161

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American geopolitical interests and the potential threats to those interests are both on the rise in East Africa. The author places the spread of militant Islamism and the development of radical Islamist networks in East Africa in the broader context of the social, economic, and political factors that have shaped the region's security environment.

Sharia Incorporated

A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present

Author: Jan Michiel Otto

Publisher: Amsterdam University Press

ISBN: 9087280572

Category: Law

Page: 676

View: 9196

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"Sharia Incorporated is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The twelve country chapters, each written by laudable international scholars speak to the historical evolution of Islamic, legal, and political ideas and practices. They consider the key legal issues raised by the 'Islamic awakening' of recent decades. Otto's conclusion presents the main findings of this unique comparative study and explains why the incorporation of sharia is such a thorny governance problem for an government in today's Muslim world. It is intended that this wealth of facts and analyses contributes to current debates on sharia, law, and politics"--Publisher's description, p. [4] of cover.

The 9/11 Commission Report

Final Report of the National Commission on Terrorist Attacks Upon the United States

Author: N.A

Publisher: Government Printing Office

ISBN: 0160891809

Category: Political Science

Page: 587

View: 6690

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This edition has been designated as the only official U.S. Government edition of the 9-11 Commission’s Final Report. It provides a full and complete account of the circumstances surrounding the September 11th, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. It also includes recommendations designed to guard against future attacks.

Before and After Avicenna

Proceedings of the First Conference of the Avicenna Study Group

Author: Avicenna Study Group. Conference

Publisher: BRILL

ISBN: 9789004129788

Category: Social Science

Page: 302

View: 8192

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This collection of papers addresses a variety of aspects of the life and thought of the medieval philosopher Avicenna including his reception of Classical philosophy, his views on topics such as metaphysics, psychology and medicine, and the recpeption of his thought by later authors.

Origin and Development of Islamic Law

Author: Majid Khadduri,Herbert J. Liebesny

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584778644

Category: History

Page: 395

View: 3940

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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.

The Middle East and Islamic World Reader

Author: Marvin E. Gettleman,Stuart Schaar

Publisher: Open Road + Grove/Atlantic

ISBN: 0802194524

Category: Religion

Page: 416

View: 4250

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“The many facets of Middle Eastern history and politics are admirably represented in this far-ranging anthology” (Publishers Weekly). In this insightful anthology, historians Marvin E. Gettleman and Stuart Schaar have assembled a broad selection of documents and contemporary scholarship to give a view of the history of the peoples from the core Islamic lands, from the Golden Age of Islam to today. With carefully framed essays beginning each chapter and brief introductory notes accompanying over seventy readings, the anthology reveals the multifaceted societies and political systems of the Islamic world. Selections range from theological texts illuminating the differences between Shiite and Sunni Muslims, to diplomatic exchanges and state papers, to memoirs and literary works, to manifestos of Islamic radicals. This newly revised and expanded edition covers the dramatic changes in the region since 2005, and the popular uprisings that swept from Tunisia in January 2011 through Egypt, Libya, and beyond. The Middle East and Islamic World Reader is a fascinating historical survey of complex societies that—now more than ever—are crucial for us to understand. “Ambitious . . . A timely work, it focuses mainly on sociopolitical texts dating from the rise of Islam to the debates concerning U.S. foreign policy in the post-9/11 world.” —Choice