Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law

ISBN-13: 9781107440517 / Angielski / Miękka / 2017 / 430 str.

Intisar A. Rabb

Opis

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Recenzje

'Even for aficionados of progressive legal interpretation who only dabble in Islamic legal theory, among whom this reviewer is most certainly included, the 'closing of the gates of ijtihād' is a concept that is known and, for the most part, feared - but Rabb puts a new spin on that understanding.' M. Christian Green, Journal of Law and Religion

Spis treści

Introduction; Part I. Institutional Structures and Doubt, Seventh–Sixteenth Century CE: 1. The God of severity and lenity; 2. The rise of doubt; Part II. Morality and Social Context, Eighth–Eleventh Century CE: 3. Hierarchy and hudud laws, eighth–ninth century CE; 4. Doubt as moral discomfort, tenth–eleventh century CE; Part III. The Jurisprudence of Doubt, Eighth–Sixteenth Century CE: 5. Doubt as an element of Islamic criminal law, eighth–eleventh century CE; 6. Substantive, procedural, and interpretive doubt, eleventh–sixteenth century CE; 7. Strict textualism as a limitation on doubt: Sunni opponents, eighth–eleventh century CE; 8. Dueling theories of delegation and interpretation: Shi'i doubt, tenth–sixteenth century CE; Conclusion: doubt in comparative and contemporary context.