Islamic Legal Theory: Volume I (Islamic Law)

Description

Islamic legal theory (usÅ«l al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnÄ« and ShÄ«’Ä« perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject. Cover Half Title Title Page Copyright Page Table of Contents Acknowledgements Series Preface Introduction Further Reading PART I NATURE OF ISLAMIC LAW 1 'Islamic Law: An Overview of its Origin and Elements', Journal of lslamic Law and Culture, 7, pp. 27-81 2 'Islamic Law as Islamic Ethics', Journal of Religious Ethics, 11, pp. 186-203 3 'Understanding Islamic Law in Theory and Practice', Legal lnformation Management, 9, pp. 186-90 PART II SOURCES OF ISLAMIC LAW 4 'Groundwork of the Moral Law: A New Look at the Qur'ān and the Genesis of Sharī'a', lslamic Law and Society, 16, pp. 239-79 5 'Law in the Qur'ān - A Draft Code', lslamic and Comparative Law Quarterly, 7, pp. 1-32 6 'Some Reflections on the Contextualist Approach to Ethico-legal Texts of the Qur' an', Bulletin of the School of Oriental and African Studies, 71, pp. 221-37 7 'A Revaluatian of lslamic Traditions', Journal of the Royal Asiatic Society of Great Britain and Ireland, 2, pp. 143-54 8 'On the Origins of Shī'i Hadīth', Muslim World, 88, pp. 165-84 9 'The Role of Culture in the Creation of lslamic Law', Indiana Law Journal, 84, pp. 1401-23 PART III METHODS OF ISLAMIC LAW 10 'Al-Shāfi'ī's Role in the Development of Islamic Jurisprudence', lslamic Studies, 3, pp. 239-73 11 'The Concept of ljmā' in Islamic Law: A Comparative Study', Hamdard lslamicus, 17, pp. 91-103 12 'Non-analogical Arguments in Sunni Juridical Qiyās', Arabica, 36, pp. 286-306 13 ' 'Illa and Qiyās in Early lslamic Legal Theory', Journal of the American Oriental Society, 102, pp. 27--46 PART IV PRINCIPLES OF ISLAMIC LAW 14 'The Maslaha (Public lnterest) and 'Illa (Cause) in lslamic Law', New York University Journal of International Law and Politics, 12,pp. 213-17 15 'Mașlaḥa in Contemporary lslamic Legal Theory', Islamic Law and Society, 12, pp. l 82-223 16 'Legal Logic and Equity in lslamic Law', American Journal of Comparative Law, 33, pp. 63-92 17 'Maqāșid al-Sharī''ah: The Objectives of lslamic Law', Islamic Studies, 38, pp. l93-208 18 'Cut and Paste in Legal Rules: Designing lslamic Norms with Talfiq', Die Welt des Islams, 42, pp. 3-40 19 'Muslim Custom and Case-Law', Die Welt des Islams, 6, pp. 13-24 20 'Qawa'id ai-Fiqh: The Legal Maxims of lslamic Law', Muslim Lawyer Journal, 3, pp. 1-7 PART V LEGAL REASONING (IJTIHĀD) 21 'Interpretation in Islamic Law: The Theory of Ijtihād', American Journal of Comparative Law, 26, pp. 199-212 22 'The Closing of the Door of Ijtihād and the Application of the Law', American Journal of lslamic Social Sciences, 10, pp. 396-40l 23 'A Critical Analysis of the Role of Ijtihād in Legal Reforms in the Muslim World', Arab Law Quarterly, 14, pp. 112-31 24 'Ijtihād in Contemporary Shi'ism: Transition from Individual-oriented to Society-oriented', American Journal of lslamic Social Sciences, 27, pp. 24-52 Name Index