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Books > Law > Other areas of law > Islamic law
This book offers a new theoretical perspective on the thought of
the great fifteenth-century Egyptian polymath, Jalal al-Din
al-Suyuti (d. 1505). In spite of the enormous popularity that
al-Suyuti's works continue to enjoy amongst scholars and students
in the Muslim world, he remains underappreciated by western
academia. This project contributes to the fields of Mamluk Studies,
Islamic Studies, and Middle Eastern Studies not only an
interdisciplinary analysis of al-Suyuti's legal writing within its
historical context, but also a reflection on the legacy of the
medieval jurist to modern debates. The study highlights the
discursive strategies that the jurist uses to construct his own
authority and frame his identity as a superior legal scholar during
a key transitional moment in Islamic history. The approach aims for
a balance between detailed textual analysis and 'big picture'
questions of how legal identity and religious authority are
constructed, negotiated and maintained. Al-Suyuti's struggle for
authority as one of a select group of trained experts vested with
the moral responsibility of interpreting God's law in society finds
echoes in contemporary debates, particularly in his native land of
Egypt. At a time when increasing numbers of people in the Arab
world have raised their voices to demand democratic forms of
government that nevertheless stay true to the principles of
Shari'a, the issue of who has the ultimate authority to interpret
the sources of law, to set legal norms, and to represent the
'voice' of Shari'a principles in society is still in dispute.
A masterful overview of Islamic law and its diversity Al-Qadi
al-Nu'man was the chief legal theorist and ideologue of the North
African Fatimid dynasty in the tenth century. This translation
makes available for the first time in English his major work on
Islamic legal theory (usul al-fiqh), which presents a legal model
in support of the Fatimid claim to legitimate rule. Composed as
part of a grand project to establish the theoretical bases of the
official Fatimid legal school, Disagreements of the Jurists
expounds a distinctly Shi'i system of hermeneutics. The work begins
with a discussion of the historical causes of jurisprudential
divergence in the first Islamic centuries and goes on to engage,
point by point, with the specific interpretive methods of Sunni
legal theory. The text thus preserves important passages from
several Islamic legal theoretical works no longer extant, and in
the process throws light on a critical stage in the development of
Islamic legal theory that would otherwise be lost to history. An
English-only edition.
Essay from the year 2004 in the subject Orientalism / Sinology -
Islamic Studies, grade: 75%, Middlesex University in London (School
of Oriental and African Studies), course: Islamic Law, 18
Literaturquellen entries in the bibliography, language: English,
comment: The history of the sharia, or Islamic law, has been one of
permanent changes and challenges. It has been constantly subjected
to influences from its social environment. Also today, in the
current globalizing context, the question arises as to how Muslims
can react to these structural changes, and how the sharia can be
adapted to the new social reality. This paper discusses as to
whether individuals are entitled to interpret the Quran and the
Hadith., abstract: "Each individual has direct access to the Quran
and hadith and is in principle entitled to engage in ijtihad, so
long as she has the requisite knowledge. Thus not only countries,
but also individuals are entitled to their own jurisprudential
choices." (al-Hibri in Muslim Womens Rights in the Global Village).
This paper discusses al-Hibris statement on the position in Islamic
law today.
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