Islamic Legal Thought: A Compendium of Muslim Jurists, edited by Oussama Arabi, David S. Powers, and Susan A. Spectorsky (original) (raw)
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Introduction to Islamic Jurisprudence: History, Sources, and Its General Theories | Edited By Dr. Hussein Madkour Mohammed Sallam , 2024
Thanks be to Allah, who used us to serve this great and venerated Sharia. Glory be to Him who sent His Messenger Mohammed with this eternal venerated and tolerant Islamic Sharia, abrogating all others, and valid for all times and places. It deals with everything people need in this life and the one after. It provides human beings with all their worldly and afterlife needs. This Sharia, or divine law, does not confine itself to putting right the spiritual aspects of life at the cost of the physical and moral aspects. Neither is it assigned to one nation or one race specifically. Instead, it dealt with life’s spiritual and physical aspects. Both sides of life complemented the other to produce the desired end. Previous laws have prepared the way for its all-inclusiveness and dominance. It was revealed to Prophet Muhammad after human minds had matured and become ready to follow an everlasting statute that ensures happiness in all aspects of life. The following verse from the Qur’an instructs Prophet Muhammad (Peace be upon him) to: “Say O men, I am sent unto you all, as the Messenger of Allah.”.
Islam and Jurisprudence: a basic bibliography
This compilation, like most of my bibliographies, has two constraints: books, in English. I trust the inference will not be made that this implies the best works are only in English, as it merely reflects the limits of my knowledge and research. “Jurisprudence” in this case can refer to Islamic philosophy and/or theory of law, as well as historical and existing legal systems in those countries in which Islam is (i) a state-sanctioned religion, (ii) predominant as a religious orientation in the society, (iii) or has a significant impact on the country’s legal system in one way or another. I have used the phrase “Islam and Jurisprudence” for the title to reflect the fact that it is a perilous endeavor to conclusively identify, except perhaps philosophically or theologically (and even then, there are inherent problems), Islamic law as such (i.e., in any kind of absolutist or ‘pure’ sense) in legal systems on the ground, as we say, even if we rightly derive warrant for this appellation from both emic and etic reasons. This list does not aspire to be exhaustive, although I hope it is at least representative of the depth and breadth of the available literature. I welcome suggestions for titles I may have inadvertently missed.
Principles of Islamic Jurisprudence ~ Kamali Principles of Islamic Jurisprudence
I. Apart from the fact that the existing works on Islamic Jurisprudence in the English language do not offer an exclusive treatment of usul al-fiqh, there is also a need to pay greater attention to the source materials, namely the Qur'an and sunnah, in the study of this science. In the English works, the doctrines of usul al-fiqh are often discussed in relative isolation from the authorities in which they are founded. Furthermore, these works tend to exhibit a certain difference of style and perspective when they are compared to the Arabic works on the subject. The usul al-fiqh as a whole and all of the various other branches of the Shari'ah bear testimony to the recognition, as the most authoritative influence and source, of divine revelation (wahy) over and above that of rationality and man-made legislation. This aspect of Islamic law is generally acknowledged, and yet the relevance of wahy to the detailed formulations of Islamic law is not highlighted in the English works in the same way as one would expect to find in the works of Arabic origin. I have therefore made an attempt to convey not only the contents of usul al-fiqh as I found them in Arabic sources but also the tone and spirit of the source materials which I have consulted. I have given frequent illustrations from the Qur'an, the Sunnah and the well-recognised works of authority to substantiate the theoretical exposition of ideas and doctrines.
The Historical Development of Islamic Law
This is a brief research paper highlighting key concepts and hallmarks during the early development of Islamic Law. It also discusses the development of the two major approaches to Islamic Law; Textual and Analogical, and how these further stemmed to form the four major schools of law.
Introduction to Islamic Jurisprudence
I. Apart from the fact that the existing works on Islamic Jurisprudence in the English language do not offer an exclusive treatment of usul al-fiqh, there is also a need to pay greater attention to the source materials, namely the Qur'an and sunnah, in the study of this science. In the English works, the doctrines of usul al-fiqh are often discussed in relative isolation from the authorities in which they are founded. Furthermore, these works tend to exhibit a certain difference of style and perspective when they are compared to the Arabic works on the subject. The usul al-fiqh as a whole and all of the various other branches of the Shari'ah bear testimony to the recognition, as the most authoritative influence and source, of divine revelation (wahy) over and above that of rationality and man-made legislation. This aspect of Islamic law is generally acknowledged, and yet the relevance of wahy to the detailed formulations of Islamic law is not highlighted in the English works in the same way as one would expect to find in the works of Arabic origin. I have therefore made an attempt to convey not only the contents of usul al-fiqh as I found them in Arabic sources but also the tone and spirit of the source materials which I have consulted. I have given frequent illustrations from the Qur'an, the Sunnah and the well-recognised works of authority to substantiate the theoretical exposition of ideas and doctrines.
Islamic Legal Thought: A Compendium of Muslim Jurists
2013
, who read and commented on earlier drafts of this chapter. Ali Altaf Mian, as always, gave unstinting research support. All remaining errors are mine alone. 1 al-Jawzī, al-Muntaẓam, 10:115. 2 Marcia Cavell points out that the 'mind' exists in an interpersonal fijield in relation to the material world. This also holds for Ghazālī.
Includes Reviews of the Following Books: 1. Raj Bhala, Understanding Islamic Law (Shari’a), LexisNexis Publishing, New Providence/San Francisco, 2011, 1472 pp. 2. Wael B. Hallaq, An Introduction to Islamic Law, Cambridge University Press, Cambridge, 2009, 200 pp. 3. Mohammed Hashim Kamali, Shari’ah Law – An Introduction, Oneworld Publications, Oxford, 2008, 342 pp. 4. Mohammed Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Texts Society, Cambridge, 3rd edn, 2003, 546 pp. 5. M. Kabir Hassan and Mervyn K. Lewis, Handbook of Islamic Banking, Edward Elgar Publishing Ltd, Cheltenham, 2007, 443 pp. 6. Muhammad Akram Khan, What Is Wrong with Islamic Economics? Analysing the Present State and Future Agenda, Edward Elgar Publishing, Cheltenham, 2013, 504 pp. 7. Abdulaziz Sachedina, Islam & the Challenge of Human Rights, Oxford University Press, Oxford, 2009, 248 pp. 8. Aysha A. Hidayatullah, Feminist Edges of the Qur’an, Oxford University Press, Oxford, 2014, 259 pp.
2016
Muslims both in the past and present are concerned with the legal validity of their religious devotion and worship, especially in view of their increasing interactions with other civilizations, cultures, behaviors, economies, sciences, legislation, and politics. Confusion however arises in regards to which legal doctrine (madhhab) Muslims need to follow today; what should Muslims do to cope with contemporary problems and challenges of life; and where should they draw lines of distinction between the revealed and profane, as well as between jurisprudence and secular law and legislation in the Muslim world. Some contemporary Muslim scholars have raised serious concerns regarding such issues because of the interaction between the East and West. Muslim scholars and reformers responded to these concerns through a number of legal reform initiatives, and also through alignment and integration of Muslim faith with contemporary needs. This article discusses whether Islamic jurisprudence can ...