scholarly journals Islam and Literalism

2014 ◽  
Vol 31 (1) ◽  
pp. 111-114
Author(s):  
Taymaz G. Tabrizi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Literal Meaning ◽  
The Other ◽  
Intended Meaning ◽  
The Third ◽  
Actual Existence ◽  
Islamic Legal Theory ◽  
Islamic Thought ◽  
Qur'anic Exegesis

This book surveys the development of literal meaning and literalism in Islamand Islamic legal theory (uṣūl al-fiqh) in particular. The term literal meaningrefers to the meaning that a text is believed to hold “in itself” by virtue of thesound-meaning relationships of words that were “coined” (waḍ‘) at some pointin time. Although Muslim debates on how words were coined (see secondchapter) are quite interesting and at times entertaining, the origin of languagewas secondary to the language’s actual existence. In other words, legal theoristscontended that the establishment of the “sound-meaning connection” wasmore important than who established it and when.Literalism, the other focus of the book, is the view that Islamic law privilegesliteral meaning. As Gleave explains in his first chapter, literalism seesliteral meaning as having an “advantage” over allusion, metaphor (majāz),and other kinds of meaning because it holds a “higher level of epistemologicalsecurity” (p. 1). Detecting the author’s intended meaning, although ideal, isfraught with uncertainties for it involves discerning another person’s intentions.In other words, for legal theorists, the literal can be established througha strict science of language and more importantly functions as a “startingpoint” for understanding texts which gives it a central role in hermeneutics.Even if the literal meaning is shown not to be the author’s intended meaning,it is nevertheless essential for controlling and understanding the linguistic andsemantic parameters of a word and the overall text in question.Gleave makes it clear that his purpose is not to establish whether or notthere is such a thing as literal meaning but instead to demonstrate the importanceof its various concepts and the role they played for Muslim legal theoristsof all sects as understanding how a language system works is key to grasping“God’s meaning when he addresses (khiṭāb) his servants” (p. 35). The firsttwo chapters are useful introductions to concepts of literal meaning in legaltheory. The third chapter, where the author traces one of the early conceptsand uses of literal meaning in Qur’anic exegesis, delineates its early historicalemergence in Islamic thought. This is significant for Islamic law and legaltheory as later Muslim legal hermeneutics had “imprints” of the debates thattook place in scriptural exegesis where literal meaning was often identified(e.g., through establishing what a word “literally” meant by tracing its ...

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.

Ijma‘

2017 ◽  
pp. 270-298
Author(s):  
Mairaj Syed
Keyword(s):  
Legal Theory ◽  
Early Period ◽  
Phenomenological Approach ◽  
Social Needs ◽  
Muslim Community ◽  
Critical Approach ◽  
Future Studies ◽  
Islamic Legal Theory ◽  
The Social ◽  
Islamic Thought

This article surveys the three approaches—source-critical, phenomenological, and hermeneutical-theological—that prevail in the historiography of consensus in early, classical, and modern Islamic legal thought. The source-critical approach dominates the historiography of the early period. Scholars using this approach question the narrative found in classical Islamic legal theory: that specific verses of the Qur’an or Hadith of Muhammad establish consensus as a source of law. They believe instead that consensus emerged gradually, in response to the social needs of the Muslim community. Scholars using the phenomenological approach seek to define the doctrine of consensus in classical Islamic legal theory whilst scholars using the hermeneutical-theological approach view consensus as a powerful argument in issues of Islamic thought today. These approaches are not mutually exclusive and scholars often combine them. The article ends with identification of the areas for growth in future studies of consensus.

The Purchase of Intimacy

2000 ◽  
Vol 25 (03) ◽  
pp. 817-848 ◽  
Author(s):  
Viviana A. Zelizer
Keyword(s):  
Social Relations ◽  
Legal Theory ◽  
The Other ◽  
The Third ◽  
Monetary Transfers ◽  
Cultural Constructions

Students of the intersection between monetary transfers and intimate social relations face a choice among three ways of analyzing that relationship: as hostile worlds whose contact contaminates one or the other; as nothing but market transactions, cultural constructions, or coercion; or as differentiated ties, each marked by a distinctive set of monetary transfers. A review of payment practices, legal disputes, and recent legal theory illustrates the weakness of the first two views and the desirability of further pursuing the third alternative.

scholarly journals URGENSI TARJÎH DALAM ISTINBÂTH HUKUM ISLAM

2015 ◽  
Vol 10 (1) ◽  
pp. 108-127
Author(s):  
Ainol Yaqin
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Bright Spot ◽  
The Third ◽  
Dead End ◽  
The Dead ◽  
The Law

Tarjîh  is a method tool of istinbâth in Islamic law. The method is formulated by ulama’ ushul to find a bright spot to set Islamic law among the opposite theorems. The existence of the method is very important in choosing strong/pure al-Qur’an texts and Hadits from some of the other Hadits related to the law problems. Therefore, the ulama’ ushul fiqh al-Hanafiyyah, al-Mâlikiyyah, al-Syâfi’iyyah, al-Hanâbilah dan al-Zhâhiriyyah construct steps to take to solve the dead end in ijtihad when they face some contradictory theorems. Al-Hanafiyyah takes four ways to deal with two or more contradictory al-Qur’an texts and Hadits. First, al-naskh (to clear, to cancel), second, al-tarjîh (to strengthen, to favor), third, al-jam’ wa al-tawfiq (to combine, to compromise) and the last is tasâquth al-dalilayn (to break and move to another theorems). While, methods used to deal with the contradictory theorems by al-Mâlikiyyah, al-Syâfî’iyyah, al-Hanâbilah dan al-Zhâhiriyyah is first, al-jam’ wa al-tawfiq bayn al muta’aridlayn bi wajh maqbul (collect and compromise the contradictory theorems from one side), second, al-tarjîh, the third, al-naskh and the last is tasâquth al-dalilayn. Tarjîh can be done by considering some sides, those are, a. Sanad side (The chain of Hadits reader), b. Matan side (Hadits text), c. Law contained in the law side (text or Hadits) and d. translation from other theorems.

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.

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