In Visions of Shari?a Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (u?ul al-fiqh) within Twelver Shi?i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Shari?a in contemporary Shi?i thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shi?i legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Shari?a.
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 236 mm
Breite: 155 mm
Dicke: 23 mm
Gewicht
ISBN-13
978-90-04-37838-4 (9789004378384)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Dr Ali-Reza Bhojani, Ph.D. (2013), Durham University, is Senior Lecturer in Islamic Studies at the Markfield Institute of Higher Education, Lecturer at the Al-Mahdi Institute, and Research Associate at the University of Oxford. He is author of Moral Rationalism and Shari?a: A Study of Independent Rationality in Modern Shi ?i U?ul al-fiqh (Routledge, 2015).
Dr Laurens de Rooij, PhD (2016), Durham University, is visiting Lecturer of Islamic Studies at the University of Chester, and visiting researcher at the University of Cape Town. He has published a number of works, including Media Discourses, Muslims, and non-Muslims in the UK (Manchester University Press, 2019), and his forthcoming work Muslims and Representative Engagement (Routledge, 2020).
Professor Michael Bohlander holds the Chair in Comparative and International Criminal Law at Durham Law School. From 2015 - 2019, he was the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. In 2017, he was appointed a judge at the Kosovo Specialist Chambers in the Hague. He is the author/editor of over 200 publications, including translations of his work into Chinese, Farsi, French, Khmer, Spanish and Turkish.
Preface
Notes on Contributors
Visions of Shari?a: An Introduction
?Ali-Reza Bhojani
1 The Reception of Factuality (ta?wib) Theories of Ijtihad in Modern U?uli Shi?i Thought
?Seyyed Mostafa Mohaghegh Damad
2 Reassessing the Pivotal Role of Certainty in Modern Shi?i U?uli Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Shari?a Precepts
?Hashim Bata
3 The Role of the Quran in Legal Reasoning (Ijtihad): A Shi?i Perspective
?Rahim Nobahar
4 From Theory to Practice: The Role of the Subject in the Derivation of Rulings and Its Potential in Creating a System of Case Law for the Operation of Shi?i Law
?Imranali Panjwani
5 Strategic Juristic Omission and the Non-Muslim Blood Price: An Examination of Shi?i Fiqh and Practice
?Haider Ala Hamoudi
6 Towards the Hermeneutics of a Justice-Oriented Reading of Shari?a
?Ali-Reza Bhojani
7 Maqa?id al-Shari?a Discourse in Contemporary Shi?i Jurisprudence
?Hassan Beloushi
Epilogue
?Robert Gleave
Appendix: al-Sayyid ?Ali al-?usayni al-Sistani on U?ul al-fiqh in Twelver Shi?i Thought: Its Importance and Historical Phases
?Ali-Reza Bhojani
Index