By Paul Powers
This booklet explores the character and position of cause in pre-modern Islamic criminal rule books, together with ritual, advertisement, relatives, and penal legislations. It argues that Muslim jurists deal with motive as a definitive component to many activities regulated via the Sharia, and so they hire quite a few ability and phrases to evaluate and categorize subjective states. via targeted analyses of medieval Islamic texts, aided through Western philosophical examinations of cause, the writer offers technically targeted but lucid arguments approximately Islamic non secular ritual and spirituality, the ethics of industrial transactions, the function of the interior self in crime and punishment, and Muslim understandings of organization and language. this can be the 1st vast exploration of the the most important felony factor of cause in all significant components of Islamic significant legislation.
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Additional info for Intent in Islamic Law: Motive And Meaning in Medieval Sunni Fiqh. (Studies in Islamic Law and Society)
It is careful and thorough within its limits, and it is unfortunate that it has not, to my knowledge, been translated into a more-widely read language. Moreover, the Encyclopaedia if Islam entry loses much of the article's subtlety. For his Islamic sources, Wensinck first focuses on the term nryya in fiqh al- 'ibiidiit, recounting basic technical details, such as the timing and 'location' of nryya. Here Wensinck is accurate and clearheaded about the formalism of the sources, noting for example, the jurists' insistence that nryya correspond closely to the ritual action it accompanies-for instance, the noon prayer must include nryya for that prayer, not the evening prayer.
L~; LoUIS XIV built Versailles, even though the actual construction was not done by him (110). 103 Ibn Rushd notes that Malikis disagree among themselves over whether one can perform a /fajj on behalf of an infant. n to perform /fa]]; ~n:. may have a proxy perform on his or her behalf, but IS not obligated to do so. Shafi I does consider this an obligation--if a person cannot go himself, but can a~ord to pay someone else's way, he is obligated to do so. aslde someth~ng from the estate with whicb someone can perform the pIlgnmage on hiS behalf (Bldayat al-mujtahid, 1:319-320; D]P, 1:375-376).
ShirazI's editor notes that al-Nawawi, in his commentary on the Muhadhdhab, endorses this opinion (1:70, n. 2, citing an unspecified edition of Nawawi's Illtab al-majmi1', r:374; this is found on 1:366-367 of the edition I consulted [Cairo: Dar I1~ya' al-Turath al-'Arabi, 1995]). For ShIraZI (like many jurists), tqyammum does not truly If one intends by his purification the removal of ~adath and also cooling off and getting physically clean (tana:;:;rif) , the wu¢ii' is valid ... "92 eliminate impurity, but only establishes a state of quasi-purity, enabling one to perform a single act of ritual worship, but not establishing a state of full and enduring purity.
Intent in Islamic Law: Motive And Meaning in Medieval Sunni Fiqh. (Studies in Islamic Law and Society) by Paul Powers