Legal Authority in Premodern Islam

Legal Authority in Premodern Islam

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b.

Author: Fachrizal A. Halim

Publisher: Culture and Civilization in the Middle East

ISBN: 0367869225

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Page: 132

View: 540

"This book presents a comprehensive picture of the structure of authority in Islamic law. It does this specifically within the Shafi'ite legal tradition and the novel aspects of al-Nawawi's legacy and contributions"--
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Legal Authority in Premodern Islam

Legal Authority in Premodern Islam

Legal. Authority. in. Premodern. Islam. Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yah.ya- b. Sharaf al-Nawawı-, who is regarded as the chief contributor to the legal ...

Author: Fachrizal A. Halim

Publisher: Routledge

ISBN: 9781317749189

Category: Religion

Page: 132

View: 188

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Categories: Religion

Legal Authority in Premodern Islam

Legal Authority in Premodern Islam

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b.

Author: Fachrizal A. Halim

Publisher: Routledge

ISBN: 041574962X

Category: Religion

Page: 150

View: 278

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahya b. Sharaf al-Nawawi, who is regarded as the chief contributor to the legal tradition known as the Shafi'imadhhab in traditional Muslim sources, named after Muhammad b. Idris al-Shafi'i (d. 204/820), the supposed founder of the school of law. Al-Nawawi's legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of themadhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawi's place in the long-term formation of themadhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shafi'ites, i.e., the tariqas of the Iraqians and Khurasanians. This book revisits the history of the Shafi'i school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi'ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Categories: Religion

Islamic Law in Circulation

Islamic Law in Circulation

̇ Encyclopaedia of Islam, 2nd ed. Piper and R. M. Soetanto, ... Goitein, S. D. “The Birth-Hour of Muslim Law? An Essay in Exegesis”. ... Legal Authority in Premodern Islam: Ya hyā ̇ b. Sharaf al-Nawawī in the Shāfiʿī School of Law.

Author: Mahmood Kooria

Publisher: Cambridge University Press

ISBN: 9781009098038

Category: History

Page: 336

View: 774

An exploration of the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean regions in the second millennium CE.
Categories: History

Locating the Shar a

Locating the Shar    a

Marion Katz Over the last thirty years, stereotypes of the rigidity of classical Islamic law have been displaced by ... of Diversity in Medieval Islamic Law (Leiden: Brill, 2006); Fakhrizal A. Halim, Legal Authority in Premodern Islam: ...

Author: Sohaira Siddiqui

Publisher: BRILL

ISBN: 9789004391710

Category: Law

Page: 272

View: 265

This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century.
Categories: Law

Monsoon Islam

Monsoon Islam

Speaking with one voice, through religious leaders acceptable to all the different Muslim factions, strengthened their position in such politicking. ... See F.A. Halim, Legal Authority in Premodern Islam: Yahā b.

Author: Sebastian R. Prange

Publisher: Cambridge Oceanic Histories

ISBN: 9781108424387

Category: History

Page: 358

View: 642

Reveals a distinct trajectory of Islamic history that developed among Muslim merchant communities across the medieval Indian Ocean.
Categories: History

Islamic Law in Modern Courts

Islamic Law in Modern Courts

Generally speaking, Islamic premodern states were perfectly content to leave lawmaking to other authorities. At times they neglected private law entirely. More often, the executive authorities in these states supported juristic efforts ...

Author: Haider Ala Hamoudi

Publisher: Aspen Publishing

ISBN: 9781454898443

Category: Law

Page: 929

View: 771

Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.
Categories: Law

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law

As Powers notes, French orientalist scholars redefined 'Islamic law so that it would be in harmony with French ... to its authority.47 Premodern Islamic law was characterized by a multiplicity of opinions, different doctrinal schools, ...

Author: Anver M. Emon

Publisher: OUP Oxford

ISBN: 9780191645709

Category: Law

Page: 416

View: 103

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Categories: Law

Routledge Handbook of Islamic Ritual and Practice

Routledge Handbook of Islamic Ritual and Practice

His current research focuses on how the Ismaʿilis, ʿAlawis, and Druze negotiate their rituals and practices within the broad parameters of Islam. His publications include Legal Authority in Premodern Islam: Yaḥya b.

Author: Oliver Leaman

Publisher: Routledge

ISBN: 9781000583908

Category: Religion

Page: 554

View: 682

Ritual and practice are one of the most distinctive features of religion, and they are linked with its central beliefs. Islam is no exception here, and this Handbook covers many aspects of those beliefs and practices. It describes the variety of what takes place but mainly why, and what the implications of both the theory and practice have for our understanding of Islam. The book includes accounts of prayer, food, pilgrimage, mosques, and the various legal and doctrinal schools that exist within Islam, with the focus on how they influence practice. The volume is organized in terms of texts, groups, practices, places, and others. An attempt has been made to discuss the wide range of Muslim ritual and practice and provide a sound guide to this significant aspect of the religious life of one of the largest groups of believers in the world today.
Categories: Religion

Harmonizing Similarities

Harmonizing Similarities

A History of Distinctions Literature in Islamic Law Elias G. Saba ... Halim, Fachrizal A. Legal Authority in Premodern Islam: Yahyā ibn Sharaf alNawaws in the Shāfil School of Law. Abingdon, Oxon: Routledge, 2015. –, Hallaq, Wael.

Author: Elias G. Saba

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110604399

Category: Religion

Page: 258

View: 644

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.
Categories: Religion