In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a "true" interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 239 mm
Breite: 160 mm
Dicke: 23 mm
Gewicht
ISBN-13
978-90-04-31464-1 (9789004314641)
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Schweitzer Klassifikation
Nesrine Badawi, Ph.D (2011), School of Oriental and African Studies, University of London, is an Assistant Professor of Public and International Law at the American University in Cairo. Her work focuses on the regulation of armed conflict in Islamic law.
Contents
Acknowledgments
Introduction
?1?How Do We Study Islamic Legal History?
?2?Indeterminacy in Islamic Jurisprudence on the Regulation of Armed Conflict
?3?Primary Concerns of Classical Jurisprudence
1 Islamic Jurisprudence in the Expansive Empire
?1?Al-Shaybani: a Jurist-Judge
?2?Al-Sha?fi?i? and the Exclusionary Project
?3?Conclusion
2 The Muslim World at the Frontiers: Al-Andalus
?Section One: Andalusi Jurisprudence
?1?Al-Andalus: Loss of Muslim Power
?2?Ibn ?azm and the ?a?ifa States
?3?The Jurist-Judge in al-Andalus: Ibn Rushd al-Jadd
?4?Remarks on Andalusi Jurisprudence
?Section Two: the Mongol "Threat"
?5?Ibn Taymiyya and "Quasi"-Muslims
3 Mainstream Narratives
?1?Official Institutions
?2?Mainstream Independent Scholarship
?3?Mainstream Scholarship: a New Consensus?
4 Contemporary Militant Approaches
?1?The Complexity of Militant Literature
?2?al-Qa?ida Debated
?3?ISIS: the "Fear Doctrine"
?4?Militant Groups: Concluding Remarks
Conclusion: Authority and the Classical Tradition
?1?Personal Ra??y: Employed by Its Critics
?2?Modern Projects: Eclectic Approaches to Classical Legal Authority
?3?Modern Institutions: What Can They Do?
Bibliography
Index
