The Formation of the Sunni Schools of Law


Book Description

Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.




The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E.


Book Description

The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and ḥadīth. No school had a regular means of forming students. Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallāl (d. 311/923), and a series of ḥanafī teachers ending with al-Karkhī (d. 340/952). Mālikism prospered in the West for political reasons, while the ẓāhirī and Jarīrī schools faded out due to their refusal to adopt the common new teaching methods. In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.




American Journal of Islamic Social Sciences 10:1


Book Description

The American Journal of Islamic Social Sciences (AJISS), established in 1984, is a quarterly, double blind peer-reviewed and interdisciplinary journal, published by the International Institute of Islamic Thought (IIIT), and distributed worldwide. The journal showcases a wide variety of scholarly research on all facets of Islam and the Muslim world including subjects such as anthropology, history, philosophy and metaphysics, politics, psychology, religious law, and traditional Islam.




The Second Formation of Islamic Law


Book Description

The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.




The Formation of Islam


Book Description

Jonathan Berkey's 2003 book surveys the religious history of the peoples of the Near East from roughly 600 to 1800 CE. The opening chapter examines the religious scene in the Near East in late antiquity, and the religious traditions which preceded Islam. Subsequent chapters investigate Islam's first century and the beginnings of its own traditions, the 'classical' period from the accession of the Abbasids to the rise of the Buyid amirs, and thereafter the emergence of new forms of Islam in the middle period. Throughout, close attention is paid to the experiences of Jews and Christians, as well as Muslims. The book stresses that Islam did not appear all at once, but emerged slowly, as part of a prolonged process whereby it was differentiated from other religious traditions and, indeed, that much that we take as characteristic of Islam is in fact the product of the medieval period.




History and Identity in the Late Antique Near East


Book Description

This book examines the importance of the past, both real and imagined, in constructing contemporary culture in the period AD 500-1000. It goes beyond 'history-writing' in a narrow sense to examine philosophy, theology, liturgy and jurisprudence as vehicles for tradition and the imagination of a past 'golden age'. The papers straddle the Roman-Persian frontier and go well into the Islamic period: together, they push the boundaries of late antiquity' into the varied language traditions: not just Greek, but also Syriac, Armenian, Coptic and Arabic.




Islamic Law and the State


Book Description

This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.




Pragmatism in Islamic Law


Book Description

In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as “pragmatic eclecticism,” emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.




Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition


Book Description

In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.




Faith- Based Diplomacy Trumping Realpolitik


Book Description

For most of the twentieth century, the most critical concerns of national security have been balance-of-power politics and the global arms race. The religious conflicts of this era and the motives behind them, however, demand a radical break with this tradition. If the United States is to prevail in its long-term contest with extremist Islam, it will need to re-examine old assumptions, expand the scope of its thinking to include religion and other "irrational" factors, and be willing to depart from past practice. A purely military response in reaction to such attacks will simply not suffice. What will be required is a long-term strategy of cultural engagement, backed by a deeper understanding of how others view the world and what is important to them. In non-Western cultures, religion is a primary motivation for political actions. Historically dismissed by Western policymakers as a divisive influence, religion in fact has significant potential for overcoming the obstacles that lead to paralysis and stalemate. The Incorporation of religion as part of the solution to such problems is as simple as it is profound. It is long overdue. This book looks at five intractable conflicts and explores the possibility of drawing on religion as a force for peace. It builds upon the insights of Religion, the Missing Dimension of Statecraft (OUP, 1994) -- which examined the role that religious or spiritual factors can play in preventing or resolving conflict -- while achieving social change based on justice and reconciliation. The world-class authors writing in this volume suggest how the peacemaking tenets of five major world religions can be strategically applied in ongoing conflicts in which those religions are involved. Finally, the commonalities and differences between these religions are examined with an eye toward further applications in peacemaking and conflict resolution.