Suchergebnisse

1. The logic of legal reasoning in religious and non-religious cultures: the case of Islamic law and the common law --- 2. Non-analogical arguments in Sunni juridical qiyas --- 3. Logic, formal arguments and formalization of arguments in Sunni jurisprudence --- 4. On inductive corroboration, probability and certainty in Sunni legal thought --- 5. Was the Gate of Ijtihad closed? --- 6. On the origins of the controversy about the existence of Mujtahids and the Gate of Ijtihad --- 7. Was al-Shafiʹi the master architect of Islamic jurisprudence? --- 8. On the authoritativeness of Sunni consensus --- 9. The use and abuse of evidence: the question of provincial and Roman influences on early Islamic law --- 10. Notes on the term Qarîna in Islamic legal discourse --- 11. The primacy of the Qurʹan in Shatibiʹs legal theory --- 12. Usul al-Fiqh: beyond tradition.

"Wael Hallaq explores the history, development, and contemporary trends in Muslim political thought using the work of Morocco-based philosopher Taha Abdurrahman. A sweeping intellectual history and philosophical examination, this book examines the trajectory of how we understand the central questions plaguing modernity in both the West and Muslim lands"--

1. The Arab conquests and the formation of Islamic Society / I.M. Lapidus -- 2. Pre-Islamic background and early development of jurisprudence / Joseph Schacht -- 3. Foreign elements in ancient Islamic law / Joseph Schacht -- 4. The birth-hour of Muslim law? : an essay in exegesis / S.D. Goitein -- 5. Two legal problems bearing on the early history of the Qur'an / Patricia Crone -- 6. Unconditional manumission of slaves in early Islamic law : ath analysis / Ulrike Mitter -- 7. The role of non-Arab converts in the development of early Islamic law / Harald Motzki -- 8. The judiciary (Qs) as a governmental-administrative tool in early Islam / Irit Abramski-Bligh -- 9. Islamic juristic terminology before : a semantic analysis with special reference to Kafa / Zafar Ishaq Ansari -- 10. Was al-Shafi'i the master architect of Islamic jurisprudence? / Wael Hallaq -- 11. Muhammad b. Dd al-hir's manual of jurisprudence, al-Wu; Ma'rifat al-Ul / Devin Stewart -- 12. Early Ijtihd and the later construction of authority / Wael Hallaq -- 13. The formation of the Sunn Schools of Law / Christopher Melchert -- 14. The Caliphs, the 'Ulama', and the law : defining the role and function of the Caliph in the early 'Abbasid period / Muhammad Qasim Zaman.

Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and the practices of the modern state to be highly problematic for modern Muslims. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and other similar disappointments underscore this fact. Hallaq then turns to the rich moral resources of Islamic history to prove that political and other "crises of Islam" are integral to the modern condition of both the East and the West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts. -- book cover

This is a confused and confusing book. The subtitle clearly suggests that the monograph is a study of Nisab al-Ihtisab, a treatise on hisba written by the subcontinental Hanafite jurist Sunami. It turns out, however, that the monograph is for the most part a disappointing translation, with an even more disappointing short Introduction, which hardly constitutes a study. The first and longest section (eight pages of the Introduction) raises a number of questions about authorship, all of which are answered in a cursory and far less than satisfactory manner. The sections that follow, all of which are very short, deal with Sunami's education, social milieu, and presentation of the text. Thereafter, in the space of no more than two pages, the "value of the work" is considered, and this is followed by a chronological list of "known hisba treatises." The issue of theory and practice, implicitly raised in the title, is addressed in fewer than two pages, and poorly at that, considering how fundamental an issue this is. In sum, little in this Introduction constitutes, properly speaking, a study of the text. At best, it provides background information about the treatise and its author, although it does so in a not altogether organized, thorough, or systematic fashion.