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Book
Islamic natural law theories
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ISBN: 9780199579006 0199579008 Year: 2010 Publisher: New York (N.Y.) : Oxford university press,

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Abstract

"Islamic Natural Law Theories offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyzes the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, and thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God and their implications on moral agency. For them, nature became the link between the divine will and human reason. Nature is the product of God's willful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is a result of God's justice or grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic tradition of jurisprudence, the book sheds substantial light on an uncharted tradition of natural law theory, and on the proper understanding of Islamic faith"--


Book
Religious pluralism and Islamic law : dhimmis and others in the empire of law
Author:
ISBN: 9780198722021 9780199661633 0198722028 Year: 2014 Publisher: Oxford Oxford University Press


Book
Religious pluralism and Islamic law : Dhimmīs and others in the empire of law
Author:
ISBN: 0191743399 1283576651 9786613889102 0191637734 Year: 2012 Publisher: Oxford : Oxford University Press,

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The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religiousdifference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and there


Book
Islamic natural law theories
Author:
ISBN: 0191722634 Year: 2010 Publisher: Oxford : Oxford University Press,

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Abstract

This text offers a sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyses the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law.


Book
The Oxford handbook of Islamic law
Authors: ---
ISBN: 9780199679010 0199679010 9780191758331 Year: 2018 Publisher: Oxford, United Kingdom ; New York, NY : Oxford University Press,

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"This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come"--Book jacket.


Book
Jurisdictional exceptionalisms : Islamic law, international law, and parental child abduction
Authors: ---
ISBN: 1108938698 1108945740 1108944981 1108837255 Year: 2021 Publisher: Cambridge : Cambridge University Press,

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Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.


Book
Reason, Revelation and Law in Islamic and Western Theory and History
Authors: ---
ISBN: 9811562458 981156244X 9789811562457 9789811562440 Year: 2021 Publisher: Singapore : Springer Nature Singapore : Imprint: Palgrave Macmillan,

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This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences. These analyses will prove beneficial to scholars and students of religious studies, interreligious, intercultural, and international relations, political science, history, sociology, and related fields both within and beyond the Western and Islamic worlds, as well as generally educated readers who take interest in these issues and their ramifications.


Digital
Reason, Revelation and Law in Islamic and Western Theory and History
Authors: ---
ISBN: 9789811562457 9789811562464 9789811562440 Year: 2021 Publisher: Singapore Springer, Imprint: Palgrave Macmillan

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Abstract

This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences. These analyses will prove beneficial to scholars and students of religious studies, interreligious, intercultural, and international relations, political science, history, sociology, and related fields both within and beyond the Western and Islamic worlds, as well as generally educated readers who take interest in these issues and their ramifications.


Book
Natural law : a Jewish, Christian, and Islamic trialogue
Authors: --- ---
ISBN: 9780198706601 Year: 2014 Publisher: New York Oxford University Press

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