Sharī'a: Theory, Practice, Transformations"In recent years, Islamic law, or Sharīʻa, has increasingly occupied center stage in the languages and practices of politics in the Muslim world as well as in the West. Popular narratives and quasi-scholarly accounts have distorted Sharīʻa's principles and practices of the past, conflating them with distinctly modern, negative and highly politicized reincarnations. Wael B. Hallaq's magisterial overview sets the record straight by examining the doctrines and practices of the Sharīʻa within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey, tracing the history of Islamic law from its beginnings in seventh-century Arabia through its development and transformation in the following centuries under the Ottomans, and across lands as diverse as India, Africa, and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will engage and challenge the reader"--Unedited summary from book cover. |
Contents
The formative period | 27 |
13 | 357 |
page vii | 371 |
the Middle East and North Africa | 396 |
l6 Modernizing the laW in the age of nationstates | 443 |
In search of a legal methodology | 500 |
concluding notes | 543 |
563 | |
598 | |
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Common terms and phrases
Abfi adat administration Arab authority benefit caliphs century chapter colonial conflict consensus constituted contract cultural deemed defined definition discourse Distinguished jurist’s Primer effect Egypt elite epistemic European field final financial find fiqh first five fulfill function God’s hadith halaqa Hallaq Hanafites Hanbalites hermeneutical Hidaya Hiddya husband Ibid Ibn Qudama Ibn Rushd ijtihad imam influence inheritance involved Islamic law Islamists jihad judges judicial jural jurists justice Khilaf knowledge latter legal doctrine legal theory legislation madhhab madrasa majority Malikites Marghinani marriage maslaha Mawardi Misri modern moral Muhammad mujtahid Muslim nation—state Nawawi norms office official Ottoman Ottoman Empire political practice principles profit Prophetic punishment qadi qddi qiyas Quran Rawda reflected reform Reliance religious represented revealed texts rule Shafi‘ites Sharh Shari‘a Shari‘a courts Shaykh Shi‘ite significant social society specific Sunna Sunnite Tfisi tion tradition Twelver-Shi‘ites ulama waqf women