By Wael B. Hallaq

ISBN-10: 0521590272

ISBN-13: 9780521590273

Wael B. Hallaq is already demonstrated as essentially the most eminent students within the box of Islamic legislations. In his newest booklet, he strains the heritage of Islamic felony concept from its beginnings until eventually the trendy interval. The e-book is the 1st of its type in association, method of the topic, and demanding equipment, and as such could be a necessary device for the certainty of Islamic criminal idea specifically and Islamic legislation often. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to someone attracted to Islam and its evolution.

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Additional resources for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh

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But before subjecting the relevant text to his reasoning, the jurist was assumed to know the law upon which a consensus (tjma ) had been reached, since such law constituted a binding corpusjuris on the basis of which solutions for new cases of law were derived. Thus, in order to determine what law was subject to consensus he was required to know what were the conditions that rendered a consensus valid and, consequendy, binding. It is this structural order that dominated all theoretical exposition, E P IST E M O L O G Y One of the most salient features of legal theory is the epistemological dis­ tinctions that permeated nearly all its elements.

In the absence of a formulated textual solution, the jurist must look for a parallel textual case for which a solution is provided. If the new case has the same ratio kgis (mantr, lit. meaning) as that given to the parallel textual case, the ruling in the text must be transferred to the new case. But such a ratio kgts is not always capable of identification, in which event the jurist must locate all cases in the texts that resemble the new case, and must transfer the ruling of the most similar case to the new case at hand.

When concrete discussions were introduced, Ghazâlî and those who followed his example analyzed matters in terms of certainty and probability, and of acquired and necessary knowl­ edge. In the actual construction of substantive theoretical doctrines, there­ fore, the impact of Greek logic can hardly be discerned. TH E LEG AL NORM S Islamic legal theory after Shâfi^i came to recognize five values with which all legal acts must be labeled. In other words, when the jurist arrives at a legal solution for a new case of law, his decision must fall into one of five categories; the obligatory (tfdjiB), the recommended (mandiib), the permis­ sible (muhâh), the prohibited {haram), or the repugnant (makrüh).

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A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq

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