1,720,965 research outputs found
Felicitas Opwis, Maṣlaḥa and the Purpose of the Law. Islamic Discourse on Legal Change from the 4th/ 10th to 8th/ 14th Century, (Studies in Islamic Law and Society, 31), Leiden – Boston, Brill, 2010
No full textDean J. Felicitas Opwis, Maṣlaḥa and the Purpose of the Law. Islamic Discourse on Legal Change from the 4th/ 10th to 8th/ 14th Century, (Studies in Islamic Law and Society, 31), Leiden – Boston, Brill, 2010. In: Revue d'histoire et de philosophie religieuses, 92e année n°2, Avril-Juin 2012. p. 293
Syllogistic Logic in Islamic Legal Theory: al-Ghazālī’s Arguments for the Certainty of Legal Analogy (Qiyās)
No full textArchetypal Sunnī Scholar: Law, Theology, and Mysticism in the Synthesis of al-Bājūrī. By Aaron Spevack
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The Archetypal Sunnī Scholar: Law, Theology, and Mysticism in the Synthesis of al-Bājūrī. By Aaron Spevack. Albany, NY: State University of New York Press, 2014. Pp. viii + 212. $80.


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Shifting Legal Authority from the Ruler to the <i>῾Ulamā᾿</i>: Rationalizing the Punishment for Drinking Wine During the Saljūq Period
No full textAbstract
This paper argues that the encroachment of the Saljūq political authorities onto the religious arena prompted jurists to tighten their legal arguments in order to bolster their legitimacy in determining the laws of Muslim society not established in the textual sources of the law. A key case in the ‘tug-of-war’ between the political and religious authorities over the sphere of law was the post-prophetic ruling on punishing the wine drinker. That this important ruling was established during the first caliphs provided a claim for secular authorities over jurisdiction of large areas of the law, including matters deemed of religious significance. This paper presents the different justifications given to this ruling by al-Juwaynī, al-Ghazālī, and Fakhr al-Dīn al-Rāzī, showing how this post-prophetic ruling was successively incorporated into the religious law that derived its authority from being grounded in the textual sources of Islamic law. While al-Juwaynī rationalized the punishment for drinking wine with a counter-implication argument, al-Ghazālī made a first step toward deriving it in analogy (qiyās) to the authoritative texts, an intellectual move which was successfully completed by al-Rāzī. Their different rationalizations reflect the increasing use of Greek logic in legal reasoning during that time period. Furthermore, this case also mirrors the general efforts by legal theorists at that time to make Islamic law a viable alternative to secular legislation (siyāsa).</jats:p
NAVID KERMANI, Offenbarung als Kommunikation: Das Konzept wahy in Nasr Hamid Abu Zayds Mafhum an-nass, European University Studies, Series 27, Asian and African Studies, vol. 58 (Frankfurt: Peter Lang, 1996). Pp. 155. $28.95 paper
No full textMaṣlaḥa and the Purpose of the Law
No full textFocusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people?s well-being) as a method of extending and adapting God?s law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God?s law
New Trends in Islamic Legal Theory: Maqāṣid al-Sharīʿa as a New Source of Law?
No full textThe purposes of the law (maqāṣid al-sharīʿa) were traditionally tied to the definition of maṣlaḥa expounded by al-Ghazālī and employed in legal analogy (qiyās) and precepts (qawāʿid). This article addresses recent developments in the interpretation of the maqāṣid al-sharīʿa in the works of legal scholars promoting alternative interpretations, such as Ibn ʿĀshūr, Yūsuf al-Qaraḍāwī, Aḥmad al-Khamlīshī, Yaḥyā Muḥammad, and Jamāl al-Dīn ʿAṭiyya. Several trends can be observed: rejecting the Ghazalian definition of essential necessities by enlarging their scope beyond five and including justice, freedom, and equality; refining the categories of the purposes and creating more nuanced hierarchies of maṣlaḥas; and expanding the application of the purposes of the law beyond the sphere of the law proper, thereby giving considerations of maṣlaḥa a proactive role in shaping society through public policies. It is suggested that new interpretations of the objectives of the sharīʿa also alter the traditional four sources of law theory (uṣūl al-fiqh).
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