Download PDF by Wael B. Hallaq: A History of Islamic Legal Theories: An Introduction to

By Wael B. Hallaq

ISBN-10: 0521590272

ISBN-13: 9780521590273

Wael B. Hallaq is already tested as some of the most eminent students within the box of Islamic legislations. In his most modern e-book, he lines the heritage of Islamic criminal idea from its beginnings until eventually the fashionable interval. The ebook is the 1st of its style in association, method of the topic, and important equipment, and as such might be a vital device for the knowledge of Islamic criminal conception specifically and Islamic legislation typically. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to an individual drawn to Islam and its evolution.

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Additional info for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh

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In one form, He unequivocally states in the Quran certain rulings, such as those related to prayer, alms-tax, pilgrimage, fasting, etc. In another form, the rulings are stipulated in the Quran in general terms, the details of which the Prophet has laid down in his Sunna. God has also decreed certain rulings through His Prophet, without there being any ref­ erence to them in the Quran. Finally, the revealed texts, the Quran and the Sunna, provide, in the absence of explicitly formulated rulings, indications and signs {âalâlât) which lead to the discovery of what God intended the law to be.

In analogy with this choice, the obligatory act allows another type of choice, namely, the choice of the exact time at which the obligatory act is to be performed. But also in analogy with the limited choice between freeing a slave and feeding the poor, the act must be performed within a span of time during which the performance is still deemed lawful. The second value, the recommended (mandüfy, represents an act whose performance entails a reward but whose omission does not require pun­ ishment As the purpose of this value is to encourage piety, omission does not constitute a violation of the law, since obedience to the Lawgiver is in any case fulfilled.

Acknowledged as the most dis­ tinguished and faithful follower of Shâfi'l, Ibn Surayj was universally held to be the jurist who single-handedly defended the Shâfi'ite school and raised it to prominence. He and his disciples combined a knowledge of tra­ ditionalism and rationalism, with the result of conceptualizing legal theory as a synthesis between rationality and the textual tradition. Thus, Ibn Surayj must be credited with paving the way for his students, who discoursed on this synthesis and elaborated it in greater detail.

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A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq


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