The Logic of Law Making in Islam

Rezensionen / Stimmen

'Sadeghi's work is significant. His detailed analysis of a focused set of legal debates is illuminating in its own right, and his sophisticated discussion of the nature of legal change and justification should make the work a touchstone for any future thinking about this issue. Sadeghi's overall conclusion - that the business of the typical pre-modern Muslim jurist was focused not on the canon but on the precedent embodied in his school's doctrine - is certainly true and important, but his elucidation of the logic of change internal to Islamic legal discourse is even more interesting and original.' Ahmed El Shamsy, Marginalia '... I believe this book to be a contribution of the highest order. It introduces an entirely novel yet exceptionally rational approach, provides models for testing, sheds light on some of the more challenging questions in Islamic legal studies, and - though I often disagree with subsequent interpretations - conveys premodern narratives and legal material with accuracy. The case studies are valuable in and of themselves with regard to current research and debates on several topics concerning the status and rights of women in premodern Islamic law; the author's 'hypothetical' ijtihad ... with regard to women's attendance at group prayers is itself compelling. Most importantly, however, Sadeghi contributes an articulate legal developmental paradigm that - though extreme in its descriptive-centrism - is a formidable addition to the array of current models in the field, and of particular import in understanding the so-called ?anafi ?ariqa of u?ul al-fiqh. Walter E. Young, Journal of the American Oriental Society