Focusing on writings of legal theory by leading jurisprudents from al-Ja??a? (d. 370/980) to al-Sha?ibi (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of ma?la?a (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on ma?la?a's epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make ma?la?a a viable vehicle of legal change up to the present.
Rezensionen / Stimmen
"... cinq chapitres d'une precision admirable..."
J. Dean in REVUE D'HISTOIRE ET DE PHILOSOPHIE RELIGIEUSES 92.2 (2012), 293.
"...this book is terrific scholarship on a topic of much wider importance than it may initially appear."
Paul R. Powers in Journal of the American Oriental Society 132.3 (2012), 332-335.
Reihe
Thesis
Sprache
Verlagsort
Zielgruppe
Für Beruf und Forschung
Those interested in Islamic intellectual history, Islamic law, legal theory, legal change, and the interplay of law with theology and politics.
Produkt-Hinweis
Maße
Höhe: 247 mm
Breite: 167 mm
Dicke: 32 mm
Gewicht
ISBN-13
978-90-04-18416-9 (9789004184169)
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Schweitzer Klassifikation
Felicitas Opwis, Ph.D. (2001) in Arabic and Islamic Studies, Yale University, is Assistant Professor of Arabic and Islamic Studies at Georgetown University. Her publications address the development of Islamic legal theory in light of intellectual currents and historical environment.
