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The Foundation of Norms in Islamic Jurisprudence and Theology
In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.
A Permanent Beginning
Situates a Hasidic master in the context of his time, demonstrating his formative influence on Jewish literary modernity. The Hasidic leader R. Nachman of Braslav (1772–1810) has held a place in the Jewish popular imagination for more than two centuries. Some see him as the (self-proclaimed) Messiah, others as the forerunner of modern Jewish literature. Existing studies struggle between these dueling readings, largely ignoring questions of aesthetics and politics in his work. A Permanent Beginning lays out a new paradigm for understanding R. Nachman’s thought and writing, and, with them, the beginnings of Jewish literary modernity. Yitzhak Lewis examines the connections between imperial ...
Key Classical Works on Islamic Ethics
This book transcends the narrow philosophical concept of ethics confined to the Greek model, demonstrating that “Islamic ethics” is an interdisciplinary field. It encompasses both theoretical and practical ethics, incorporating disciplines such as Qurʾān, ḥadīth, biography of the Prophet (sīra), theology (kalām), jurisprudence (fiqh), Sufism, and philosophy. The book provides analytical readings of a list of Islamic ethical heritage sources covering a period from the 3rd/9th to the 8th/14th century. It emphasises two ideas: first, the richness and diversity of ethical perspectives within Islamic tradition, showcasing multiple approaches including the Greek philosophical, narrative...
God's Command
This work focuses on divine command, and in particular the theory that what makes something obligatory is that God commands it, and what makes something wrong is that God commands us not to do it. Focusing on the Abrahamic faiths, eminent scholar John E. Hare explains that two experiences have had to be integrated. The first is that God tells us to do something, or not to do something. The second is that we have to work out ourselves what to do and what not to do. The difficulty has come in establishing the proper relation between them. In Christian reflection on this, two main traditions have emerged, divine command theory and natural law theory. Hare successfully defends a version of divin...
The Rise of Critical Islam
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munāẓara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Isḥāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims th...
Law and Politics under the Abbasids
Explores the eleventh century Abbasid Empire and the intersection between politics, theology, and law in the thought of Abu Ma'ali al-Juwayni.
Child Custody in Islamic Law
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Law Beyond the State
The twenty-first century has revealed a deep-seated ambivalence toward the value and benefits of international law. This ambivalence is the result of states' two conflicting impulses: on the one hand, the recognition that their own interests and autonomy are better protected by entering agreements which set limits on how other states behave; on the other hand, the resolve to jealously guard their sovereign capacity to act unencumbered by constraints. The book argues that we should support international law as a system of rules and institutions which make a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice.
Languages of the Law
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Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory
In Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory Felicitas Opwis presents how ʿAbd al-Jabbār, Abū l-Ḥusayn al-Baṣrī, al-Dabbūsī, al-Shīrāzī, and al-Juwaynī relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist’s approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazālī, toward understanding the purpose of the divine law as attaining people’s maṣlaḥa in this life, which enables extending the law outside of Scripture and supports Ashʿarī legal universalism.
