Pragmatism In Islamic Law PDF Download
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Author | : Ahmed Fekry Ibrahim |
Publisher | : Syracuse University Press |
Total Pages | : 380 |
Release | : 2015-04-27 |
Genre | : Social Science |
ISBN | : 0815653190 |
Download Pragmatism in Islamic Law Book in PDF, ePub and Kindle
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as “pragmatic eclecticism,” emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
Author | : Abdullah Saeed |
Publisher | : |
Total Pages | : |
Release | : 2002 |
Genre | : |
ISBN | : |
Download Islamic Law and Practice Book in PDF, ePub and Kindle
Author | : Pramudya Azhar Oktavinanda |
Publisher | : |
Total Pages | : 297 |
Release | : 2018 |
Genre | : |
ISBN | : 9780438082991 |
Download Interpreting Immutable Legal Texts: The Posnerian Pragmatism of Islamic Law Book in PDF, ePub and Kindle
In this dissertation, I will show from philosophical and economic perspectives that the need to interpret Islamic legal texts does not necessarily jeopardize the system's claim of perfection. Quite the contrary, having the possibility of reading the texts in numerous ways is fundamental in maintaining that claim. I will also demonstrate that consequence-based theories of interpretation are compatible with the Islamic legal system due to its consequentialist nature, opening the possibility of having a religious justification for Pragmatism and Law & Economics.
Author | : Muhammad M. Yunis Ali |
Publisher | : |
Total Pages | : 0 |
Release | : 2009-10-06 |
Genre | : Arabic language |
ISBN | : 9780415567770 |
Download Medieval Islamic Pragmatics Book in PDF, ePub and Kindle
One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework.
Author | : Ahmed Fekry Ibrahim |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2018-08-09 |
Genre | : History |
ISBN | : 1108651178 |
Download Child Custody in Islamic Law Book in PDF, ePub and Kindle
Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.
Author | : Khaled Abou El Fadl |
Publisher | : Routledge |
Total Pages | : 450 |
Release | : 2019-05-10 |
Genre | : Religion |
ISBN | : 1317622448 |
Download Routledge Handbook of Islamic Law Book in PDF, ePub and Kindle
This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading 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.
Author | : John R. Bowen |
Publisher | : Princeton University Press |
Total Pages | : 243 |
Release | : 2011-11-06 |
Genre | : History |
ISBN | : 0691152497 |
Download Can Islam Be French? Book in PDF, ePub and Kindle
Bowen asks not the usual question--how well are Muslims integrating in France?--but, rather, how do French Muslims think about Islam? In particular, Bowen examines how French Muslims are fashioning new Islamic institutions and developing new ways of reasoning and teaching. He looks at some of the quite distinct ways in which mosques have connected with broader social and political forces, how Islamic educational entrepreneurs have fashioned niches for new forms of schooling, and how major Islamic public actors have set out a specifically French approach to religious norms. --from publisher description.
Author | : Mehran Tamadonfar |
Publisher | : Routledge |
Total Pages | : 214 |
Release | : 2019-07-09 |
Genre | : Political Science |
ISBN | : 1000302660 |
Download The Islamic Polity And Political Leadership Book in PDF, ePub and Kindle
This book is employed for the study of the Islamic polity and political leadership and examines the basic features of the Islamic polity. It provides a theoretical framework for the study of political authority in the Islamic world signifying individual leaders' characteristics.
Author | : William J. Donaldson |
Publisher | : BRILL |
Total Pages | : 308 |
Release | : 2000 |
Genre | : Technology & Engineering |
ISBN | : 9789004114906 |
Download Sharecropping in the Yemen Book in PDF, ePub and Kindle
This text discusses sharecropping in the Yemen against the background of Islamic law and customary law. Sharecropping is interesting in Islam since its basis is ostensibly inconsistent with the Islamic prohibition against transactions involving gharar (risk or uncertainty).
Author | : Ahmed Fekry Ibrahim |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2018-08-09 |
Genre | : History |
ISBN | : 1108470564 |
Download Child Custody in Islamic Law Book in PDF, ePub and Kindle
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.