{"product_id":"foundations-of-jurisprudence-an-introduction-to-imami-shi-i-legal-theory-9789004311732","title":"Foundations of Jurisprudence - An Introduction to Imāmī Shīʿī Legal Theory","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eFoundations 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.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eForeword    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","brand":"Brill","offers":[{"title":"Default Title","offer_id":53210682196311,"sku":"9789004311732","price":52.0,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/foundations-of-jurisprudence-an-introduction-to-imami-shi-i-legal-theory-9789004311732","provider":"Book Curl","version":"1.0","type":"link"}