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Author | : Christopher Melchert |
Publisher | : BRILL |
Total Pages | : 282 |
Release | : 1997 |
Genre | : Religion |
ISBN | : 9789004109520 |
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Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.
Author | : Christopher Melchert |
Publisher | : BRILL |
Total Pages | : 273 |
Release | : 2024-01-08 |
Genre | : Law |
ISBN | : 9004661182 |
Download The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E. Book in PDF, ePub and Kindle
The Sunni schools of law are named for jurisprudents of the eighth and ninth centuries, but they did not actually function so early. The main division at that time was rather between adherents of ra'y and ḥadīth. No school had a regular means of forming students. Relying mainly on biographical dictionaries, this study traces the constitutive elements of the classical schools and finds that they first came together in the early tenth century, particularly with the work of Ibn Surayj (d. 306/918), al-Khallāl (d. 311/923), and a series of ḥanafī teachers ending with al-Karkhī (d. 340/952). Mālikism prospered in the West for political reasons, while the ẓāhirī and Jarīrī schools faded out due to their refusal to adopt the common new teaching methods. In this book the author fleshes out these historical developments in a manner that will be extremely useful to the field, while at the same time developing some new and highly original perspectives.
Author | : Christopher Melchert |
Publisher | : |
Total Pages | : 362 |
Release | : 1992 |
Genre | : Islamic law |
ISBN | : |
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Author | : Christopher Melchert |
Publisher | : |
Total Pages | : |
Release | : 1997 |
Genre | : |
ISBN | : |
Download The Formation of the Sunni Schools of Law, 8th-10th Centuries Book in PDF, ePub and Kindle
Author | : Christopher Melchert |
Publisher | : |
Total Pages | : 362 |
Release | : 1992 |
Genre | : |
ISBN | : |
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The Sunni schools of law are named for various jurisprudents of the 8th and 9th centuries CE, but I show that they did not actually function so early. On the on e hand, that is, jurisprudents at that time were identified mainly not with the later schools but with the two great parties of ra'y and hadith; on the other ha nd, such schools as there were lacked crucial elements of the schools as we know them from the 11th century onwards, above all their regular means of forming st udents. Relying mainly on biographical dictionaries, I trace back the constituti ve elements of the classical school and find that they first came together with the work of Ibn Surayj (d. 306/918), who virtually founded the Shafi'i school. T he new form spread rapidly during the 10th century. Meanwhile, Abu Bakr al-Khall al (d. 311/923) virtually founded the classical Hanbali school. The traditionali zation of Hanafi jurisprudence was completed about the same time, and Hanafi jur isprudents began to produce commentaries. Their development of a regular teachin g method finally culminated in the work of al-Karkhi (d. 340/952). The history o f Malikism in the West is bound up with politics. The Maliki, Zahiri, and Jariri schools of Baghdad were alternative attempts at a rationalistic jurisprudence t hat would yet be acceptable to the traditionalists. For reasons I discuss, none endured past the early 1000's.
Author | : Ahmed El Shamsy |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2013-10-21 |
Genre | : History |
ISBN | : 1107041481 |
Download The Canonization of Islamic Law Book in PDF, ePub and Kindle
Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.
Author | : Wael B. Hallaq |
Publisher | : Routledge |
Total Pages | : 458 |
Release | : 2016-12-05 |
Genre | : History |
ISBN | : 1351889540 |
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The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
Author | : Noel Coulson |
Publisher | : Edinburgh University Press |
Total Pages | : 280 |
Release | : 2014-03-11 |
Genre | : Law |
ISBN | : 0748696490 |
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The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author | : Knut S. Vikør |
Publisher | : Oxford University Press, USA |
Total Pages | : 406 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780195223989 |
Download Between God and the Sultan Book in PDF, ePub and Kindle
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author | : N. Coulson |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2017-07-12 |
Genre | : Religion |
ISBN | : 1351535293 |
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Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.