Joseph E. Lowry. Early Islamic Legal Theory: The Risāla of Muḥammad ibn Idrīs al-Shāfi’ī. Studies in Islamic Law and Society, vol. 30. Leiden: Brill, 2007. xv + 443 pages, appendix, bibliography, indices. Cloth US$191 ISBN 978-90-04-16360-7.

2010 ◽  
Vol 44 (2) ◽  
pp. 247-249
Author(s):  
Kecia Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Law And Society ◽  
Islamic Legal Theory ◽  
Early Islamic

The Four Sources of Law in Zoroastrian and Islamic Jurisprudence

2005 ◽  
Vol 12 (3) ◽  
pp. 291-332 ◽  
Author(s):  
Jany János
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Formative Period ◽  
Judicial Practice ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
Legal Thinking ◽  
Early Islamic ◽  
Holy Book

AbstractIt is "only our lack of familiarity with Sasanian law," von Grunebaum opined (1970: 37), "that prevents us from uncovering its traces in the fiqh". And Joseph Schacht argued that Sasanian law did have an influence on Islamic law. But neither Schacht nor any other modern scholar has provided persuasive evidence for such influence. In this article I argue that the influence of Sasanian legal theory on Islamic legal theory in the formative period was minimal, at best. It is true that, like Islamic law, Sasanian law was based on four sources: (1) The Awesta or holy book of the Zoroastrians; (2) oral law; (3) the consensus of the sages; and (4) the judicial practice of the courts (kardag). However, the possibility of Iranian influence on early Islamic jurisprudence is limited by historical, cultural, geographical and chronological factors, and the evidence of the sources suggests that Sasanian legal thinking was distinctive from that of the Sunni usulis.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Legislation as an Instrument of Islamic Law

2016 ◽  
pp. 550-584
Author(s):  
Leonard Wood
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Legal Theory ◽  
Islamic World ◽  
Islamic Legal Theory ◽  
History Of

This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how. It first reviews the scholarship on legislation in the Islamic world before the mid-nineteenth-century Ottoman reforms (tanzimat)—the “premodern” centuries. It then considers legislation after the mid-nineteenth century—the “modern” centuries—by looking at scholars’ preoccupations with the apparent novelty of modern legislation and its debatable Islamicity. It also discusses empirical dilemmas underlying these preoccupations and competing scholarly approaches to theorizing and studying the proper relationship between legislation and Islam. The article concludes by suggesting four paths forward in the analysis of legislation as an instrument of Islamic law.

scholarly journals Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence

2020 ◽  
Vol 14 (1) ◽  
pp. 99-112
Author(s):  
Ahmad Zayyadi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Muslim World ◽  
Law And Society ◽  
Sociology Of Law ◽  
Modernization Theory ◽  
Sociological Approach ◽  
Sociological Jurisprudence ◽  
History Of ◽  
Legal Position

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

scholarly journals Language and Law: The Significance of Language Competence in Islamic Legal Theory

2019 ◽  
Author(s):  
Mhd. Syahnan ◽  
Ja’far . ◽  
Sahkholid Nasution ◽  
Rahmah Fithriani ◽  
Waizul Qarni ◽  
...  
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
High Standard ◽  
Arabic Language ◽  
Language Competence ◽  
Islamic Legal Theory ◽  
Depth Interview ◽  
Determining Factors ◽  
Language And Law

Language and law seem to have either distant or no connection at all. However, in reality these two disciplines are closely interconnected and interrelated, particularly in the perspectives of Islamic legal theory. One’s language competence is among the determining factors in comprehending Islamic law. This is because in Islamic legal theory, law is derived from the tenets enshrined in the Qur’an and the Prophetic traditions that require a high standard of Arabic language science. Thus, it can be concluded that language and law are inseparable. Unfortunately, many students majoring Islamic law still have minor knowledge as well as awareness of the connection between these two disciplines. Regarding this case in hand, the aims of this study are two fold; first, to find out students’ awareness of the role of language competence in Islamic legal theory, and second, to investigate the correlation between the awareness with students’ competence in Islamic legal theory. This study conducted at the postgraduate program, UIN SU employed a qualitative approach. The data were collected by using questionnaire and in-depth interview. The findings reveal that students’ awareness of the significance of language competence is still relatively low. Furthermore, it is also found that the awareness is positively correlated with their competence in Islamic legal theory.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

2021 ◽  
pp. 1-41
Author(s):  
Nareman Amin
Keyword(s):  
Textual Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Theory ◽  
Social Implications ◽  
Islamic Legal Theory ◽  
The Social ◽  
Legal Opinions ◽  
Political Realities ◽  
Moral Capital

Abstract Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

Shi'ism Revisited

2021 ◽  
Author(s):  
Liyakat Takim
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Theory ◽  
Public Attention ◽  
Ongoing Debate ◽  
Classical Formulation ◽  
Islamic Legal Theory ◽  
Social Fields ◽  
Western Scholarship ◽  
Muslim Minorities

Contemporary Muslims face the challenge of how a legal system that was formulated in the classical period of Islam can respond to the multitudinous challenges that present-day Muslims encounter. Is there a need for reformation in Islam? If so, where should it begin and in which direction should it proceed? Addressing this gap in Western scholarship, and contributing to the ongoing debate in Islamic scholarship, Shi‘ism Revisited: Ijtihad and Reformation in Contemporary Times (1) explores how modernity has impinged on the classical formulation of Islamic law, and (2) analyzes how Shi‘i jurists have responded to the intersection of shari’a (Islamic law) and modernity. The study is original and groundbreaking in that it seeks to tackle issues such as how Islamic law is being revised by Shi‘i scholars on cases such as human rights, gender equality, the rights of non-Muslim minorities, and reconfiguring the rational and moral basis of Islamic law. Such questions have required scholars to apply ijtihad (independent reasoning) in providing solutions to the pressing questions in the religious and social fields. By examining the principles and application of Islamic legal theory (usul al-fiqh) and reformation in Shi‘ism, as well as the current discourse on juristic hermeneutics and the basis of a new ijtihad, this research addresses topics that have attracted much public attention. Since such issues have been largely neglected by Western scholarship, this book provides a unique analysis of ijtihad and reformation in the Shi‘i world.

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