Ethics and analogy (Qiyās) in 5th/11th-century Islamic legal theory by Felicitas Opwis

Format:

Book

Author/Creator:

Opwis, Felicitas Meta Maria, author.

Series:

Islamic thought and history volume 1

Language:

English

Subjects (All):

Qiyās (Islamic law)--Early works to 1800.

Qiyās (Islamic law).

Islamic law--Philosophy--Early works to 1800.

Islamic law.

Physical Description:

1 online resource

Place of Publication:

Leiden Boston Brill [2025]

Summary:

"In Ethics and Analogy (Qiyas) in 5th/11th-Century Islamic Legal Theory Felicitas Opwis presents how 'Abd al-Jabbar, Abu al-Husayn al-Basri, a-Dabbusi, al-Shiraazii, and al-Juwayni relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist's approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazalii, toward understanding the purpose of the divine law as attaining people's In Ethics and Analogy (Qiyas) in 5th/11th-Century Islamic Legal Theory Felicitas Opwis presents how 'Abd al-Jabbar, Abu al-Husayn al-Basri, a-Dabbusi, al-Shiraazii, and al-Juwayni relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist's approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazalii, toward understanding the purpose of the divine law as attaining people's maslaha in this life, which enables extending the law outside of Scripture and supports Ash'arii legal universalism"-- Provided by publisher

Contents:

Theological Commitments

'Abd al-Jabbār and the Goodness of the Law

Abū l-Ḥusayn al-Baṣrīand the Maṣlaḥa of the Law

Abū Zayd al-Dabbūsīand the Wisdom of the Law

Abū Isḥāq al-Shīrāzīand the Meaning of the Law

Imām al-Ḥaramayn al-Juwaynīand the Purpose of the Law

Concluding remarks

Notes:

Includes bibliographical references and index

Description based on online resource; title from digital title page (viewed on March 03, 2025)

Other Format:

Print version Opwis, Felicitas Meta Maria. Ethics and analogy (Qiyās) in 5th/11th-century Islamic legal theory

ISBN:

9789004720787

9004720782

OCLC:

1477222958

Access Restriction:

Restricted for use by site license