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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 | : |
Total Pages | : 362 |
Release | : 1992 |
Genre | : Islamic law |
ISBN | : |
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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 | : 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 | : |
Release | : 1997 |
Genre | : |
ISBN | : |
Download The Formation of the Sunni Schools of Law, 8th-10th Centuries Book in PDF, ePub and Kindle
Author | : Wael B. Hallaq |
Publisher | : Routledge |
Total Pages | : 458 |
Release | : 2016-12-05 |
Genre | : History |
ISBN | : 1351889559 |
Download The Formation of Islamic Law Book in PDF, ePub and Kindle
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 | : Anver M. Emon |
Publisher | : Cambridge University Press |
Total Pages | : 405 |
Release | : 2021-08-12 |
Genre | : Law |
ISBN | : 1108837255 |
Download Jurisdictional Exceptionalisms Book in PDF, ePub and Kindle
Examines a complex global legal problem to demonstrate a compelling method for comparative legal, cultural, and social understanding.
Author | : Peter C. Hennigan |
Publisher | : BRILL |
Total Pages | : 278 |
Release | : 2004 |
Genre | : Religion |
ISBN | : 9789004130296 |
Download The Birth of a Legal Institution Book in PDF, ePub and Kindle
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.
Author | : David Eisenberg |
Publisher | : OUP Oxford |
Total Pages | : 470 |
Release | : 2012-03-22 |
Genre | : Law |
ISBN | : 0191630896 |
Download Islamic Finance Book in PDF, ePub and Kindle
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.
Author | : Aaron Hughes |
Publisher | : Columbia University Press |
Total Pages | : 329 |
Release | : 2013-04-23 |
Genre | : Religion |
ISBN | : 0231161468 |
Download Muslim Identities Book in PDF, ePub and Kindle
This well-rounded introduction takes an expansive view of Islamic ideology, culture, and tradition, sourcing a range of historical, sociological, and literary perspectives.