Books > Law > Jurisprudence & general issues > Foundations of law
|
Buy Now
Pragmatism in Islamic Law - A Social and Intellectual History (Paperback)
Loot Price: R823
Discovery Miles 8 230
|
|
Pragmatism in Islamic Law - A Social and Intellectual History (Paperback)
Series: Middle East Studies Beyond Dominant Paradigms
Expected to ship within 12 - 17 working days
|
In Pragmatism in Islamic Law, Ibrahim presents a detailed history
of Sunni legal pluralism and the ways in which it was employed to
accommodate the changing needs of society. Since the formative
period of Islamic law, jurists have debated whether it is
acceptable for a law to be selected based on its utility, rather
than weighing conflicting articulations of the law to determine the
most likely expression of the divine will. Virtually unanimous
opposition to the utilitarian approach, referred to as ""pragmatic
eclecticism,"" emerged among early Islamic jurists. However, due to
a host of changing institutional and socioeconomic transformations,
a trend toward the legitimization of pragmatic eclecticism arose in
the thirteenth century. Subsequently, the Mamluk authorities
institutionalized this pragmatism when Sultan Baybars appointed
four chief judges representing the four Sunni schools in Cairo in
1265 CE. After a brief attempt to reverse Mamluk pluralism by
imposing the Hanafi school in the sixteenth century, Egypt’s new
rulers, the Ottomans, embraced this pluralistic pragmatism. In
examining over a thousand cases from three seventeenth- and
eighteenthcentury Egyptian courts, Ibrahim traces the internal
logic of pragmatic eclecticism under the Ottomans. An array of
archival sources documents the manner in which Egyptian society’s
subaltern classes navigated Sunni legal pluralism as a tool to
avoid more austere legal doctrines. The ensuing portrait challenges
the assumption made by many modern historians that the utilitarian
approaches adopted by nineteenth- and twentieth-century Muslim
reformers constituted a clear rupture with early Islamic legal
history. In contrast, many of the legal strategies exercised in
Egypt’s partial codification of family law in the twentieth
century were rooted in premodern Islamic jurisprudence.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.