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This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.
This book deals with the Islamic law of will for the administration of Muslim estates. It examines the rules of Islamic law of wills in Malaysia in respect of testamentary provisions giving directions as to the administration of the estates and other matters. This is done in the context of the will of entrustment (wisoyah) in particular. The discussion focuses on the meaning of will of entrustment (wisoyah) its origin, its characteristics, its legality, its legal ruling and its creation which deal with four essential elements: testator (musi), executor (wasi), subject matter of will (musa fih) and formation (sighah). The discussion will also highlight the issues of testacy and intestacy with regard to Muslim estates. In what sense are these two terms to be taken by Muslims? The study attempts to examines various state enactments relating to Islamic law of wills. This requires some reference to the meaning of Islamic wills as understood at present and wills under civil law.
This volume complements the selections of Wilferd Madelung’s articles previously published by Variorum (Religious Schools and Sects in Medieval Islam, Religious and Ethnic Movements in Medieval Islam and Studies in Medieval Shīism). The first sections contain articles examining intellectual and historical aspects of Mutazilism, the Ibāḍiyya, Ḥanafism and Māturidism, Sufism and Philosophy. The final group of articles focuses on aspects of early Muslim history. A detailed index completes the volume.
Cognitive Machine Intelligence: Applications, Challenges, and Related Technologies offers a compelling exploration of the transformative landscape shaped by the convergence of machine intelligence, artificial intelligence, and cognitive computing. In this book, the authors navigate through the intricate realms of technology, unveiling the profound impact of cognitive machine intelligence on diverse fields such as communication, healthcare, cybersecurity, and smart city development. The chapters present study on robots and drones to the integration of machine learning with wireless communication networks, IoT, quantum computing, and beyond. The book explores the essential role of machine lear...
THE BIOGRAPHIES OF THE ELITE LIVES OF THE SCHOLARS, IMAMS & HADITH MASTERS
The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla, in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām, and the role of consensus (ijmāʿ).
"Contemporary Muslims face the challenge of how can a legal system that was formulated in the classical period of Islam 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 will: (i) explore how modernity has impinged on the classical formulation of Islamic law, and (ii) analyse how Shi'i jurists have responded to the intersection of shari'a (Islamic law) and modernity. The study is origin...
The Muslims at present is divided into sects and schools of thought. The disagreements among the Muslims have assumed tremendous significance and the lack of ethics of disagreement have resulted in an apparently unbridgeable gap between different sections of the Muslim society. This book is a humble attempt to bring to the lime light the legacy of ethics of disagreement in Islam in a historical and most dispassionate manner. This book focuses primarily about the spectrum of disagreement; analyzes the meaning and nature of Disagreement.It also provides historical study of ethics of Disagreement and an account of how medieval Muslims came to a consensus about how to deal with disagreement, how they created an educational system that reflected that consensus, and how we might understand current Islamic issues in the light of the medieval Islamic understanding of disagreement. Most importantly this book deals with the Amin Ahsan Isla ?hi’s analysis of Ethics of Disagreement in Islam and the views of Taha Jabir al-‘Alwa ?ni on Ethics of Disagreement in Islam. This would surely help us to derive provisions for our contemporary times and the future generation.
This book constitutes a study of Southeast Asia, discussing the Malay world's long historical connection with the Muslim people including the Rumi-Turks, Hadramis and the Ottomans. These connections reflect religious, political and legal cooperations. It also discusses the Ottomans' policy of pan-Islamism and the role of Sultan Abdulhamid II in improving ties with the Malay world and their scholars, rulers and heritage, in the fight against Western colonial powers. In seven essays, the contributors to this book discuss the early religious-intellectual network in the region as well as the evolution of the judicial and political systems.