The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law

ISBN-13: 9783319255200 / Angielski / Twarda / 2016 / 643 str.

Walter Edward Young

Opis

The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm the Dialectical Forge Model to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated proto-system of juridical dialectical teaching and practice evident in Islam s second century, several generations before the first full-system treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2^nd/8^th century Kit b Ikhtil f al- Ir qiyy n / Ir qiyyayn (the subject-text ) through a lens molded from 5^th/11^th century jadal-theory treatises (the lens-texts ). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters."

Recenzje

"Young's monograph is invaluable for understanding the emergence of dialectics in Islamic thought and for appreciating the role that dialectics played in the formation of Islamic law. It provides a rare example of the effective use of debates on individual points of Islamic law ... . the book also constitutes an excellent pedagogical resource: with its parallel text, translation, and analytic discussion, it offers an ideal way for students to learn to decipher such complex discussions." (Ahmed El Shamsy, Journal of the American Oriental Society, Vol. 141 (3), 2021)

Spis treści

Chapter 1 The Current Project.- Chapter 2 Evolutionary Narratives.- Chapter 3 The Subject-Text and its Genre.- Chapter 4 The Full-System Jadal Theory of the Lens-Texts.- Chapter 5 Extended Dialectical Sequences.- Chapter 6 Short Dialectical Sequences & Independent Dialectical Formulae.- Chapter 7 A Picture of Proto-System Jadal.- Chapter 8 Uṣūl al-Fiqh and Jadal-Theory in the Dialectical Forge.- Chapter 9 Supplementary Paradigms and Open Doors.- Appendix I:  al-Baṣrī’s Modes of Qiyās-Oriented Dialectic.- Appendix II:  al-Shīrāzī’s Modes of Iʿtirāḍ.- Appendix III:  al-Bājī’s Modes of Iʿtirāḍ.- Glossary:  Select Technical Terms of Islamic Legal Theory and Dialectic.

Blurb

The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory. In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2^nd/8^th century Kitāb Ikhtilāf al-'Irāqiyyīn / 'Irāqiyyayn (the “subject-text”) through a lens molded from 5^th/11^th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.