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Visions of Shari'a - Contemporary Discussions in Shi  i Legal Theory (Hardcover): Ali-Reza Bhojani, Laurens De Rooij,... Visions of Shari'a - Contemporary Discussions in Shi i Legal Theory (Hardcover)
Ali-Reza Bhojani, Laurens De Rooij, Michael Bohlander
R3,678 Discovery Miles 36 780 Ships in 10 - 15 working days

In Visions of Shari'a Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (usul al-fiqh) within Twelver Shi'i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Shari'a in contemporary Shi'i thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shi'i legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Shari'a.

Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Paperback): Ali-Reza Bhojani Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Paperback)
Ali-Reza Bhojani
R1,324 Discovery Miles 13 240 Ships in 9 - 17 working days

Moral Rationalism and Shari'a is the first attempt at outlining the scope for a theological reading of Shari'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shi'i readings of Shari'a. Within Shi'i works of Shari 'a legal theory (usul al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'an and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shi 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shi'i adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Shari 'a norms within mainstream contemporary Shi'i thought. Through a close examination of the notion of independent rationality as a source in modern Shi'i usul al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Shari 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Shari'a that is consistent with the fundamental moral rationalism of Shi'i thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Shari'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Hardcover): Ali-Reza Bhojani Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Hardcover)
Ali-Reza Bhojani
R4,628 Discovery Miles 46 280 Ships in 10 - 15 working days

Moral Rationalism and Shari'a is the first attempt at outlining the scope for a theological reading of Shari'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shi'i readings of Shari'a. Within Shi'i works of Shari 'a legal theory (usul al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'an and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shi 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shi'i adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Shari 'a norms within mainstream contemporary Shi'i thought. Through a close examination of the notion of independent rationality as a source in modern Shi'i usul al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Shari 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Shari'a that is consistent with the fundamental moral rationalism of Shi'i thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Shari'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

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