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Islamic Natural Law Theories (Hardcover)
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Islamic Natural Law Theories (Hardcover)
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Islamic Natural Law Theories offers the first sustained
jurisprudential inquiry into Islamic natural law theory. It
introduces readers to the central figures in the Islamic natural
law tradition and their canonical works, analyzes the historical
development of Islamic jurisprudence and explains the major
contrasts with Western traditions of natural law.
In popular debates about Islamic law, modern Muslims perpetuate an
image of Islamic law as legislated by God, to whom the devout are
bound to obey. Reason alone cannot obligate obedience; at most it
can confirm or corroborate what is established by source texts
endowed with divine authority.
This book shows, however, that premodern Sunni Muslim jurists were
not so resolute. Instead, they asked whether and how reason alone
can be the basis for asserting the good and the bad, and thereby
justifying obligations and prohibitions under Shari'a. They
theorized about the authority of reason amidst competing theologies
of God and their implications on moral agency. For them, nature
became the link between the divine will and human reason. Nature is
the product of God's willful creation for the benefit of humanity.
Since nature is created by God and thereby reflects His goodness,
nature is fused with both fact and value. Consequently, as a
divinely created good, nature can be investigated to reach both
empirical and normative conclusions about the good and bad. They
disagreed, however, whether nature's goodness is a result of God's
justice or grace upon humanity, thus contributing to different
theories of natural law.
By recasting the Islamic tradition of jurisprudence, the book sheds
substantial light on an uncharted tradition of natural law theory,
and on the proper understanding of Islamic faith.
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