Language and the Interpretation of Islamic Law


Book Description

One of the most important branches of principles of Islamic jurisprudence ('usul al-fiqh') is the study of the usage of language. 'Language and the Interpretation of Islamic Law' is the first work to appear in English dealing with this important aspect of Islamic law.




Islamic Legal Interpretation


Book Description

Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.




Doubt in Islamic Law


Book Description

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.




Principles of Islamic Law-The Methods of Interpretation of the Texts


Book Description

In the past couple of decades, interest in Islamic Law has increased in the Muslim world as well as in the non-Muslim world. The popularity of Islamic Banking and Finance has especially triggered scholarly studies in this field since usul al-fiqh is the essence of comprehending the law revealed by the Lawgiver. Despite the number of studies on Islamic Law, works dealing with usul al-fiqh, which specifically focuses on the interpretations of the texts and the methods used by the jurists, are limited especially in the English language. This book, Principles of Islamic Law-The Methods of Interpretation of the Texts (Usul al-Fiqh) is aimed at helping the students, lawyers and other interested people to understand the subject more comprehensively.




The Anthropology of Islamic Law


Book Description

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.




Text and Interpretation


Book Description

Text and Interpretation: Imam Ja'far al-Sadiq and his Legacy in Islamic Law examines the main characteristics of the legal thought of Imam Ja'far al-Sadiq, a preeminent religious scholar and jurist of Medina in the first half of the second centuty of the Islamic calendar (mid-eighth century CE), Numerous works in different languages have appeared over the past half century to introduce this school of Islamic law and its history, legal theory, and substance in contexts of Shi'i law. While previous literature has focused on the later stages of the school in its developed and expanded form, this book presents an intellectual history of how the school began. The Ja'fari school emerged within the general legal discourse of late Umayyad and early Abbasid periods, but it was known to differ in certain approaches from the other main legal schools of that time. In addition to sketching the origins of the school, this book examines Ja'far al-Sadiq's interpretive approach through detailing his position on a number of specific questions, as well as the legal canons, presumptions, and other interpretive tools he adopted. Book jacket.




Handbook of Communication in the Legal Sphere


Book Description

This volume explores communication and its implications on interpretation, vagueness, multilingualism, and multiculturalism. It investigates cross-cultural perspectives with original methods, models, and arguments emphasizing national, EU, and international perspectives. Both traditional fields of investigations along with an emerging new field (Legal Visual Studies) are discussed. Communication addresses the necessity of an ongoing interaction between jurilinguists and legal professionals. This interaction requires persuasive, convincing, and acceptable reasons in justifying transparency, visual analyses, and dialogue with the relevant audience. The book is divided into five complementary sections: Professional Legal Communication; Legal Language in a Multilingual and Multicultural Context; Legal Communication in the Courtroom; Laws on Language and Language Rights; and Visualizing Legal Communication. The book shows the diversity in the understanding and practicing of legal communication and paves the way to an interdisciplinary and cross-cultural operation in our common understanding of legal communication. This book is suitable for advanced students in Linguistics and Law, and for academics and researchers working in the field of Language and Law and jurilinguists.




The Origins of Islamic Law


Book Description

If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.




Shari’a


Book Description

This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.




The Politics of Islamic Law


Book Description

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.