Routledge handbook of Islamic law / Edited by Khaled Abou El Fadl, Ahmad Atif Ahmad, and Said Fares Hassan.

Format:

Book

Contributor:

Abou El Fadl, Khaled, 1963- editor.

Ahmad, Ahmad Atif, editor.

Hassan, Said Fares, editor.

Language:

English

Subjects (All):

Islamic law.

Physical Description:

1 online resource (467 pages)

Edition:

1st ed.

Place of Publication:

London : Routledge, 2019.

Summary:

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Contents:

Cover

Half Title

Title Page

Copyright Page

Contents

List of contributors

Notes on transliteration

I: Approaches and the state of the field

II: What type of law is Islamic law?

Part I: Jurisprudence and ethics

1 Shariʿah, natural law and the original state

2 'God cannot be harmed': On Ḥuqūq Allah/Ḥuqūq al-ʿibād continuum

3 Balancing this world and the next: Obligation in Islamic law and jurisprudence

4 Divine command ethics in the Islamic legal tradition

5 Islamic law and bioethics

Part II: History and interpretation: Scholars

6 The Qurʾan and the Hadith as sources of Islamic law

7 The emergence of the major schools of Islamic law/madhhabs

8 Qadis and muftis: Judicial authority and the social practice of Islamic law

9 Ijmāʿ, consensus

10 Superior argument

11 Maqāṣid al-Shariʿah

12 Legal pluralism in Sunni Islamic law: The causes and functions of juristic disagreement

13 Interpreting Islamic law through legal canons

14 Ijtihād and taqlīd: Between the Islamic legal tradition and autonomous western reason

Part III: History and interpretation: Society and politics

15 Legal traditions of the 'Near East': The pre-Islamic context

16 The place of custom in Islamic law: Past and present

17 Jihad, sovereignty and jurisdiction: The issue of the abode of Islam

18 Fiqh al-aqalliyyāt and Muslim minorities in the West

19 Family law and succession

20 Islamic law and the question of gender equality

Part IV: State and power

21 Islamic law and the state in pre-modern Sunni thought

22 Concept of state in Shiʿi jurisprudence

23 Codification, legal borrowing and the localization of 'Islamic law'

24 Modern Islamic constitutional theory

25 Islam, constitutionalism and democratic self-government

26 Terrorism, religious violence and the Shariʿah

Index.

Notes:

Description based on print version record.

ISBN:

1-315-75388-X

1-317-62244-8

1-317-62245-6

9781315753881

OCLC:

1101173672