A History of Islamic Legal Theories: An Introduction to - download pdf or read online

By Wael B. Hallaq

ISBN-10: 0521590272

ISBN-13: 9780521590273

Wael B. Hallaq is already validated as some of the most eminent students within the box of Islamic legislations. In his most recent ebook, he lines the heritage of Islamic felony concept from its beginnings till the trendy interval. The ebook is the 1st of its sort in association, method of the topic, and significant equipment, and as such could be a necessary instrument for the knowledge of Islamic felony concept specifically and Islamic legislation in most cases. Its accessibility of language and magnificence promises it a readership between scholars and students, in addition to somebody drawn to Islam and its evolution.

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Additional info for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh

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This brings him to a rather lengthy exposition of the binding force of Prophetic Sunna, a theme that recurs throughout the treatise. The constant and consistent attention accorded the role and function of the Sunna, and the sheer bulk of the dis­ cussions devoted to it, constitute eloquent testimony to Shafi'Ts motive for composing the Risâla. It would not be an exaggeration to state that the trea­ tise represents a defense of the role of Prophetic reports in the law, as well as of the methods by which the law can be deduced from those reports.

An account of this development must thus await the publication of several key works written by the chief theorists of the time. The earliest period from which we have an extensive record is the fifth/eleventh century, which can claim a special status in the field of legal theory for more than one reason. First, this century is associated with a stage in which the major problems of legal theory were addressed, thus paving the grounds for subsequent, finer analyses. Second, it witnessed the proliferation of a staggering number of works, almost unprecedented, as far as we know, in the history of the field.

Idris al-Shâfil, ai-Jtisdta, ed. Muhammad Sayyıd KUanî (Cairo: Mustafa Bâbî alHaiabi, 1969), 15 ff. Henceforth quoted as Risdla. Theformative period 23 the method by which the linguistic signs and indications must be inter­ preted in order for them to yield what the jurist believes to be God’s law. The justification of this method, which he calls ijtihdd as well as qtyds, rests with the Quranic injunction to pray in the direction of the Ka'ba: “Turn your (Muhammad’s] face towards the Sacred Place of Worship, and you [Muslims], wherever you may be, turn your faces [when you pray] towards it” (2:144,150).

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A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq


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