In this path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. Hallaq demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defense of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accomodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature.
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Book Description
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Book Description
In his latest book, Wael Hallaq examines the relationship between authority, continuity and change. He demonstrates how the authority of the law schools and their founders maintained school methodology and hermeneutics. It was this environment that gave rise to a variety of individual legal opinions, ultimately legitimizing changes in the law. Thus the author concludes that the mechanisms of change are embedded in the very structure of Islamic law, despite its inherent conservatism. Scholars and specialists will welcome the intellectual rigor and innovation of this pathbreaking analysis.
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Inside This Book
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First Sentence:
A juristic typology is a form of discourse that reduces the community of legal specialists into manageable, formal categories, taking into consideration the entire historical and synchronic range of that community's juristic activities and functions. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
limited mujtahid, authoritative school doctrine, married fornicators, absolute mujtahid, later mujtahids, positive legal rulings, operative terminology, issuing fatwds, juristic disagreement, own ijtihdd, doctrinal entity, juristic competence, independent mujtahid, founding imam, juristic activity, fatwa collections, term madhhab, inductive corroboration, jurists belonging, juristic preference, ite school, authoritative doctrine, juristic activities, major jurists, author jurist Key Phrases - Capitalized Phrases (CAPs): (learn more)
Abu Hanifa, Abu Yusuf, Ibn Abi, Ibn Nujaym, Ibn Hanbal, Ibn Farhún, Ibn Surayj, Ibn Kamal, Ibn Qádi Shuhba, Abu Bakr, Abu Yúsuf, Sharh Mukhtasar, Abú Hanifa, Ibn Máza, Ibn Qadi Shuhba, Hájji Khalifa, Ibn Qudama, Allah Muhammad, Hajji Khalifa, Ibn Farhun, Ibn Qayyim, Ihn Rushd, Abú Yúsuf, Abu Muhammad, Four Muhammads New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
A juristic typology is a form of discourse that reduces the community of legal specialists into manageable, formal categories, taking into consideration the entire historical and synchronic range of that community's juristic activities and functions. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
limited mujtahid, authoritative school doctrine, married fornicators, absolute mujtahid, later mujtahids, positive legal rulings, operative terminology, issuing fatwds, juristic disagreement, own ijtihdd, doctrinal entity, juristic competence, independent mujtahid, founding imam, juristic activity, fatwa collections, term madhhab, inductive corroboration, jurists belonging, juristic preference, ite school, authoritative doctrine, juristic activities, major jurists, author jurist Key Phrases - Capitalized Phrases (CAPs): (learn more)
Abu Hanifa, Abu Yusuf, Ibn Abi, Ibn Nujaym, Ibn Hanbal, Ibn Farhún, Ibn Surayj, Ibn Kamal, Ibn Qádi Shuhba, Abu Bakr, Abu Yúsuf, Sharh Mukhtasar, Abú Hanifa, Ibn Máza, Ibn Qadi Shuhba, Hájji Khalifa, Ibn Qudama, Allah Muhammad, Hajji Khalifa, Ibn Farhun, Ibn Qayyim, Ihn Rushd, Abú Yúsuf, Abu Muhammad, Four Muhammads New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 26
books:
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15
books
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- Law and Legal Theory in Classical and Medieval Islam (Collected Studies, Cs474) by Wael B. Hallaq on 4 pages
- Islamic Law and Jurisprudence by Nicholas Heer on page 127, Back Matter (1), and Back Matter (2)
- The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan Amal (Culture and Civilization in the Middle East) by Yasin Dutton on page 31, and Back Matter
- Authority, Continuity and Change in Islamic Law by Wael B. Hallaq in Front Matter (1), and Front Matter (2)
- Rise of Colleges: Institutions of Learning in Islam and the West by George Makdisi on page 2, and Back Matter
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- The Origins and Evolution of Islamic Law (Themes in Islamic Law) by Wael B. Hallaq on 4 pages
- The Origins and Evolution of Islamic Law (Themes in Islamic Law) by Wael B. Hallaq in Front Matter, Back Matter (1), and Back Matter (2)
- The Ulama in Contemporary Islam: Custodians of Change by Muhammad Qasim Zaman in Back Matter (1), and Back Matter (2)
- Islamic Historiography (Themes in Islamic History) by Chase F. Robinson on page 90, and Back Matter
- The Heirs of the Prophet: Charisma And Religious Authority in Shi'ite Islam by Liyakat N. Takim in Back Matter (1), and Back Matter (2)
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