Routledge Handbook of Islamic Law

ISBN-13: 9781138803176 / Angielski / Twarda / 2019 / 466 str.

Khaled Abou El Fadl; Hossein Modarressi

Opis

This Handbook is a detailed reference source comprising of original articles covering the origins, history, theory and practice of Islamic law.

Previous publications on this topic have approached Islamic law from practically every disciplinary and pedagogical perspective (philology, history, sociology, anthropology etc.) except that of the study of law. The real challenge is that there are a number of historical and doctrinal aspects of Islamic jurisprudence that cannot be properly evaluated unless the functions and processes of legal cultures and the patterns of legal thought are also taken into account. This comparative perspective has a direct bearing on the structure and selected topics of this book:

• Part I: Approaching Islamic Law
• Part II: Sources and Origins of Islamic Law
• Part III: The Emergence and Dynamics of Islamic Law: The Classical Legacy
• Part IV: Praxis and Islamic Law
• Part V: Substantive Fields of Islamic Law
• Part VI: Islamic Law: Transformation and Modernity
• Part VII: Islamic Law and the Challenges of the Age of Globalization

With contributions from a selection of highly regarded scholars in this field, the "Routledge Handbook of Islamic Law" is an essential resource for students and scholars who are interested in the field of Islamic Law.

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Spis treści

1: I. Approaches and the State of the Field; 2: II. What Type of Law Is Islamic Law?; 3: Part One: Jurisprudence and Ethics; 4: Chapter 1: Shariʿah, Natural Law and the Original State; 5: Chapter 2: "God Cannot be Harmed": On Ḥuqūq Allah/Ḥuqūq al-ʿIbād Continuim; 6: Chapter 3: Balancing this World and Next: Obligation in Islamic Jurisprudence; 7: Chapter 4: Divine Command Ethics in the Islamic Legal Tradition; 8: Chapter 5: Islamic Law and Bioethics; 9: Part Two: History and Interpretation: Scholars; 10: Chapter 6: The Qurʾan and the Hadith as Sources of Islamic Law; 11: Chapter 7: The Emergence of the Major Schools of Islamic Law; 12: Chapter 8: Qadis and Muftis: Judicial Authority in Islamic Law; 13: Chapter 9: Consensus; 14: Chapter 10: Superior Argument; 15: Chapter 11: Maqāṣid al-Shariʿah; 16: Chapter 12: Legal Pluralism in Sunni Islamic Law; 17: Chapter 13: Interpreting Islamic Law: The Role of Legal Canons; 18: Chapter 14: Ijtihād and Taqlīd; 19: Part Three: History and Interpretation: Society and Politics; 20: Chapter 15: Legal Traditions of the ‘Near East’: The Pre-Islamic Context; 21: Chapter 16: The Place of Custom in Islamic Law; 22: Chapter 17: Jihad, Sovereignty, and Jurisdiction; 23: Chapter 18: Fiqh al-Aqalliyyāt and Muslim Minorities in the West; 24: Chapter 19: Family Law and Succession; 25: Chapter 20: Islamic Law and the Question of Gender Equality; 26: Part Four: State and Power; 27: Chapter 21: Islamic law and the State in pre-modern Sunni thought; 28: Chapter 22: Concept of State in Shiʿi Jurisprudence; 29: Chapter 23: Codification, Legal Borrowing and the Localization of ‘Islamic Law’; 30: Chapter 24: Modern Islamic Constitutional Theory; 31: Chapter 25: Islam, Constitutionalism and Democratic Self-Government; 32: Chapter 26: Terrorism, Religious Violence, and the Shariʿah; 33: Index