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The Formation of the Sunni Schools of Law

The Formation of the Sunni Schools of Law
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.


The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E.

The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E.
Author: Christopher Melchert
Publisher: BRILL
Total Pages: 273
Release: 2024-01-08
Genre: Law
ISBN: 9004661182

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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.


The Formation of Islamic Law

The Formation of Islamic Law
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.


The Ẓāhirī Madhhab (3rd/9th-10th/16th Century)

The Ẓāhirī Madhhab (3rd/9th-10th/16th Century)
Author: Amr Osman
Publisher: BRILL
Total Pages: 316
Release: 2014-07-17
Genre: Law
ISBN: 9004279652

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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.


Hadith, Piety, and Law

Hadith, Piety, and Law
Author: Christopher Melchert
Publisher: Lockwood Press
Total Pages: 385
Release: 2015-11-15
Genre: Religion
ISBN: 193704050X

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The publication of The Formation of the Sunni Schools of Law, Ninth-Tenth Centuries C.E., first as a University of Pennsylvania doctoral dissertation in 1992, and subsequently as a monograph in 1997 (Studies in Islamic Law and Society, Brill), established Christoph Melchert as a preeminent scholar of the history of Islamic law and institutions. Through close readings of works on fiqh, meticulous unpacking of data in biographical dictionaries, and careful attention to curricular, pious, pedagogical, and scholarly practices, Melchert has subsequently illuminated the processes and procedures that undergirded the development of Islamic movements and institutions in the formative period of Islam. The present volume brings together sixteen of his articles, including those considered his most important as well as ones that are difficult to access. Originally published between 1997 and 2014, they are arranged chronologically under three rubrics-hadith, piety, and law. The material is presented in a new format, updated by Melchert where appropriate, and indexed. The appearance of these articles together in a single volume makes this book a highly significant and welcome contribution to the field of classical Islamic Studies.


The Second Formation of Islamic Law

The Second Formation of Islamic Law
Author: Guy Burak
Publisher: Cambridge University Press
Total Pages: 293
Release: 2015-01-12
Genre: History
ISBN: 110709027X

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The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.


The Birth of a Legal Institution

The Birth of a Legal Institution
Author: Peter C. Hennigan
Publisher: BRILL
Total Pages: 278
Release: 2004
Genre: Religion
ISBN: 9789004130296

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This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.


Islamic Finance

Islamic Finance
Author: David Eisenberg
Publisher: OUP Oxford
Total Pages: 470
Release: 2012-03-22
Genre: Law
ISBN: 0191630896

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This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.


Muslim Identities

Muslim Identities
Author: Aaron Hughes
Publisher: Columbia University Press
Total Pages: 329
Release: 2013-04-23
Genre: Religion
ISBN: 0231161468

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This well-rounded introduction takes an expansive view of Islamic ideology, culture, and tradition, sourcing a range of historical, sociological, and literary perspectives.


Medieval Islamic Civilization

Medieval Islamic Civilization
Author: Josef W. Meri
Publisher: Routledge
Total Pages: 980
Release: 2005-10-31
Genre: History
ISBN: 1135456038

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Medieval Islamic Civilization examines the socio-cultural history of the regions where Islam took hold between the seventh and sixteenth century. This important two-volume work contains over 700 alphabetically arranged entries, contributed and signed by international scholars and experts in fields such as Arabic languages, Arabic literature, architecture, art history, history, history of science, Islamic arts, Islamic studies, Middle Eastern studies, Near Eastern studies, politics, religion, Semitic studies, theology, and more. This reference provides an exhaustive and vivid portrait of Islamic civilization including the many scientific, artistic, and religious developments as well as all aspects of daily life and culture. For a full list of entries, contributors, and more, visit www.routledge-ny.com/middleages/Islamic.