Description
Book SynopsisThis handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism.
Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought.
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Table of Contents
1: I. Approaches and the State of the Field; 2: II. What Type of Law Is Islamic Law?; 3: Part One: Jurisprudence and Ethics; 4: Chapter 1: Shariʿah, Natural Law and the Original State; 5: Chapter 2: "God Cannot be Harmed": On Ḥuqūq Allah/Ḥuqūq al-ʿIbād Continuim; 6: Chapter 3: Balancing this World and Next: Obligation in Islamic Jurisprudence; 7: Chapter 4: Divine Command Ethics in the Islamic Legal Tradition; 8: Chapter 5: Islamic Law and Bioethics; 9: Part Two: History and Interpretation: Scholars; 10: Chapter 6: The Qurʾan and the Hadith as Sources of Islamic Law; 11: Chapter 7: The Emergence of the Major Schools of Islamic Law; 12: Chapter 8: Qadis and Muftis: Judicial Authority in Islamic Law; 13: Chapter 9: Consensus; 14: Chapter 10: Superior Argument; 15: Chapter 11: Maqāṣid al-Shariʿah; 16: Chapter 12: Legal Pluralism in Sunni Islamic Law; 17: Chapter 13: Interpreting Islamic Law: The Role of Legal Canons; 18: Chapter 14: Ijtihād and Taqlīd; 19: Part Three: History and Interpretation: Society and Politics; 20: Chapter 15: Legal Traditions of the ‘Near East’: The Pre-Islamic Context; 21: Chapter 16: The Place of Custom in Islamic Law; 22: Chapter 17: Jihad, Sovereignty, and Jurisdiction; 23: Chapter 18: Fiqh al-Aqalliyyāt and Muslim Minorities in the West; 24: Chapter 19: Family Law and Succession; 25: Chapter 20: Islamic Law and the Question of Gender Equality; 26: Part Four: State and Power; 27: Chapter 21: Islamic law and the State in pre-modern Sunni thought; 28: Chapter 22: Concept of State in Shiʿi Jurisprudence; 29: Chapter 23: Codification, Legal Borrowing and the Localization of ‘Islamic Law’; 30: Chapter 24: Modern Islamic Constitutional Theory; 31: Chapter 25: Islam, Constitutionalism and Democratic Self-Government; 32: Chapter 26: Terrorism, Religious Violence, and the Shariʿah; 33: Index
