This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.
The relationship between JÊiØ's discussion of the bayÊn and that of ShÊÀ{Ò remains puzzling, however, since ShÊÀ{Ò focuses on revealed texts, and JÊiØ on communication. JÊiØ reports the opinion of a certain litterateur (ba{Ó jahÊbidhat ...
Islamic legal theory (usūl 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 Sunnī and Shī’ī 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.
The Ashgate Islamic Law series brings together the best and most influential contributions from this debate and in so doing ... such as Islamic family law, Islamic property law, Islamic law of finance, Islamic criminal law and so forth.
This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
ROBERT GLEAVE, Lecturer in Islamic Studies, University of Bristol. Ph.D., 1996,
University of Manchester. Author of Inevitable Doubt: Two Theories of Shi'i
Jurisprudence (Brill, 2000) and "Akhban Sh^i Usul al-fiqh and the Juristic Theory
of ...
