Systems of law: Islamic law Books

Book SynopsisFor centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

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Book SynopsisDrawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.Table of Contents1. Induction 9 2. The authoritative 9 3. A Summary transition 86 4. The text and authority 96 5. The construction of the authoritarian 141 6. The anatomy of authoritarian discourses 170 7. Faith-based assumptions and determinations demeaning to women. Conclusion: resisting the authoritarian while searching for the moral 264

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Book SynopsisUsed widely by Shi'ite seminaries, and valued by Sunni scholars for its intellectual rigor, Muhammad Baqir as-Sadr's Lessons is a key study of Islamic jurisprudence. It covers topics from the general characterization of jurisprudence to such specialized issues as the assessment of the verbal divine-law argument, study of procedural principles, and reflections on the resolution of conflicting arguments. The new translation by Roy Mottahedeh from the original Arabic employs a carefully designed and appropriate English terminology, and features a significant amount of supporting material including a glossary of legal and theological concepts , and a full index of Arabic terms.Trade ReviewReviews for The Mantle of the Prophet '[Mottahedeh] has drawn on a massive amount of learning, but he has got the scholarly apparatus out of the way and made his book accessible to a wide audience.' - New York Times Book Review 'A masterpiece [displaying] dazzling erudition.' - New York Review of BooksTable of Contents1 Characterization of jurisprudence: a preliminary word; characterization of jurisprudence; the subject matter of jurisprudence; the discipline of jurisprudence is the logic of legal understanding; the importance of the discipline of jurisprudence in the practice of derivation; jurisprudence is to legal understanding as theory is to application; the interaction between legal-understanding thought and jurisprudential thought; the permissibility of the process of deriving divine-legal rulings. 2 Substantiating arguments: the divine-law ruling and its subdivision; the division of rulings into injunctive and declaratory; categories of the injunctive ruling; areas of discussion in the discipline of jurisprudence; the divine-law argument. 3 Procedural principles: the fundamental procedural principle; the secondary procedural principle; the principle of the inculpatoriness of non-specific knowledge; the presumption of continuity. 4 The conflict of arguments: conflict between substantiating arguments; conflict between (procedural) principles; conflict between the two types of argument.

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Book SynopsisWith the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend.

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Book SynopsisDr. ‘Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī’s chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.

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Book SynopsisDrawing on legal and ḥadīth texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women’s issues. All assumed a woman would marry and thus the book concentrates on women’s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qurʾān verses devoted to women’s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women’s lives in and outside their homes. Throughout, jurists’ opinions are juxtaposed with relevant quotations from contemporaneous ḥadīth collections.Trade Review“Women in Classical Islamic Law fills a significant gap in the literature and will be of immense use to a wide variety of readers.” Kecia Ali in Journal of the American Oriental Society 132.3 (2012), 331-332.

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Book SynopsisDrawing on legal and ḥadīth texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women’s issues. All assumed a woman would marry and thus the book concentrates on women’s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qurʾān verses devoted to women’s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women’s lives in and outside their homes. Throughout, jurists’ opinions are juxtaposed with relevant quotations from contemporaneous ḥadīth collections.Trade Review“Women in Classical Islamic Law fills a significant gap in the literature and will be of immense use to a wide variety of readers.” Kecia Ali in Journal of the American Oriental Society 132.3 (2012), 331-332.Table of ContentsPreface Introduction 1. Women in the Qurʾān 2. Marriage in the Formative Period 3. Divorce in the Formative Period 4. From the Formative to the Classical Periods 5. Women’s lives Conclusion Works Cited Index of Quran’s Verses Index of Names Subject Index

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Book SynopsisDispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. Dispensing Justice is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).Trade Review“This volume makes a significant contribution to the growing number of studies that utilize court records and anthropological and ethnographic research to analyze legal practice in the shariʿa court’s socio-legal setting. […]The strength of this volume lies in the editors’ choice to compile a collection of scholarship that reflects on common themes across disciplinary boundaries.” Karen Kern in MESA - RoMES 44.1 (2010). "[...] this volume represents the single most important available source for the analysis of qāḍīs and their role in the operation of the law in Muslim contexts. A competitor volume does not exist." Robert Gleave in Journal of Islamic Studies, 2011. "... an extremely valuable contribution to the reflection on, and hopefully also to the practice of, the institution of the qāḍī-s." Piet Horsten in Islamochristiana 38 (2012). “The volume is thoughtfully put together, reasonably complete, rich, and suggestive, corrective of any number of misinformed assumptions about Islamic law in modern literature that had been based on a thin reading of formal-theoretical texts on legal doctrine, and a welcome first step in the passage of the field of Islamic legal practice to the age of maturity.” Ovamir Anjum in Ilahiyat Studies 5.2 (2014), 261-264. doi: 10.12730/13091719.2014.52.113

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Book SynopsisLaw and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.Trade Review“Le livre de C. Gómez-Rivas apporte une contribution précieuse et originale à notre connaissance de l’évolution du malikisme et de l’histoire du Maghreb médiéval en général.” Ismail Warscheid in Studia Islamica 110 (2015) 268-271.Table of ContentsAcknowledgements Introduction 1 Introduction 2 Historical and Historiographical Background 3 The Muftī 4 Urban Development of the Far Maghrib 5 Mālikī Law and Custom in the Far Maghrib 6 The Development of the Network and Its Activity as Seen through al-Wansharīsī’s Miʿyār and Qāḍī Iyāḍ’s Tartīb al-Madārik 7 Book Structure 1 Fatwās to Marrakesh: Regulation of the City Market and the Symbolic Authority of Mālikī Learning 1 Introduction 2 The Founding and Development of Marrakesh 3 The Motor of Gold: Two Questions Involving Gold Exchange 4 Mediating Exchange: Two Questions over Commercial Disputes 5 Transmitting and Developing Juristic Knowledge: Two Questions Resolving Contradictions within the School 6 The Symbolic Religious Authority of Cordoba: the Case of the Man who Wouldn’t Remove his Turban and the Case of the Apostate 2 Fatwās to the Far Maghrib: Ibn Rushd’s Consultations for the Amīr and Cases of Murder and Stolen Cattle 1 Introduction 2 Questions from the Almoravid Leadership: On the Permissibility of Ashʿarism and the Exceptionalism of the Islamic Maghrib 3 Two Technical Questions from al-ʿIdwa: Ritual and Murder 4 The Islamicization of Property: Partitioning and Gifts from Plunder 3 Fatwās to Ceuta: Water Rights, Judicial Review, and Ibn Rushd’s Correspondence with al-Qāḍī ʿIyāḍ 1 Introduction 2 Historical Background 3 The Qāḍī 4 Islamic Water Law 5 The First Ruling 6 The Case Re-Opened: Judicial Review and Avoiding Harm 7 ʿIyāḍ’s Case Part II: Riparian Dispute, Avoiding Harm, and Water Rights Adjudication Epilogue Appendix A: Breakdown of the Fatwās in al-Wansharīsī’s Miʿyār by Subject and Region Appendix B: Fatwās Chapter One Appendix C: Fatwās Chapter Two Appendix D: Fatwā Chapter Three, The Case of the Gardeners vs. the Bibliography Index

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Book SynopsisThis book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari’a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.Trade ReviewAbout the hardback: ...this is a magnificent contribution to the study of Islamic law, recommended to anyone who wishes to understand some of the central concepts defining the field. W. Hallaq in International Journal of Middle East Studies 2007-2. […] Paul Powers’ “Intent in Islamic Law- Motive and Meaning in Medieval Sunnī Fiqh” is a highly important treatise not only for the student and the researcher of Islamic Law but also for anyone interested in the development of Islamic thought. Sotirios S. Livas in Journal of Oriental and African Studies, 2010-2.Table of ContentsList of Tables Acknowledgments Chapter One: Introduction Chapter Two: Intent in Islamic Ritual Law Chapter Three: Ritual Spirit and Ritual Intent Chapter Four: Intent in Islamic Contract Law Chapter Five: Intent in Islamic Personal Status Law Chapter Six: Intent in Islamic Penal Law Chapter Seven: Conclusion Bibliography Index

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Book SynopsisThis book examines the relationship between the state state implementation of Shariʿa and diverse lived realities of everyday Islam in contemporary Aceh, Indonesia. With chapters covering topics ranging from NGOs and diaspora politics to female ulama and punk rockers, the volume opens new perspectives on the complexity of Muslim discourse and practice in a society that has experienced tremendous changes since the 2004 Indian Ocean tsunami. These detailed accounts of and critical reflections on how different groups in Acehnese society negotiate their experiences and understandings of Islam highlight the complexity of the ways in which the state is both a formative and a limited force with regard to religious and social transformation. Contributors are: Dina Afrianty, R. Michael Feener, Kristina Groβmann, Reza Idria, David Kloos, Antje Missbach, Benjamin Otto, Jan-Michiel Otto, Annemarie Samuels and Eka Srimulyani.Trade Review"Islam and the Limits of the State is a must-read for anyone with an interest in contemporary Aceh, Islam and the state, Islamic legal systems in practice, and Islam and gender." Daniel Andrew Birchok in: Bijdragen tot de Taal-, Land- en Volkenkunde, 172 (2016).Table of ContentsList of Contributors Glossary Illustrations Preface R. Michael Feener State Shari‘a and its limits Annemarie Samuels Hikmah and narratives of change: How different temporalities shape the present and the future in post-tsunami Aceh David Kloos Sinning and ethical improvement in contemporary Aceh Kristina Großmann Women’s rights activists and the drafting process of the Islamic Criminal Law Code (Qanun Jinayat) Dina Afrianty Local women’s NGOs and the reform of Islamic law in Aceh: The case of MISPI Eka Srimulyani Teungku Inong Dayah: Female religious leaders in contemporary Aceh Reza Idria Muslim punks and state Shariʿa Benjamin Otto & Jan Michiel Otto Practices and perceptions of Shariʿa reinforcement in Banda Aceh: The Wilayatul Hisbah and local communities Antje Missbach “That is Jakarta’s project”: Views from the Acehnese diaspora on Shariʿa, self-determination and political conspiracy Index

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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