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Islamic Law and Legal Theory »

Book cover image of Islamic Law and Legal Theory by Ian Edge

Authors: Ian Edge, Ian Edge
ISBN-13: 9780814721896, ISBN-10: 0814721893
Format: Hardcover
Publisher: New York University Press
Date Published: May 1996
Edition: (Non-applicable)

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Author Biography: Ian Edge

Book Synopsis

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Table of Contents

Acknowledgements
Editor's Note
Series Preface
Introduction: Material Available on Islamic Legal Theory in English
1Foreign Elements in Ancient Islamic Law3
2The Alleged Debt of Islamic to Roman Law13
3Islamic and Talmudic Jurisprudence: The Four Roots of Islamic Law and their Talmudic Counterparts35
4Nature and Sources of Islamic Law87
5The Collection of the Quran111
6The Importance of Tradition for the Study of Islam133
7A Revaluation of Islamic Traditions141
8The Basis of Authority of Consensus in Sunnite Islam155
9Non-Analogical Arguments in Sunni Juridical Qiyas205
10Legal Logic and Equity in Islamic Law229
11Muslim Custom and Case Law259
12Interpretation in Islamic Law: The Theory of Ijtihad273
13Was the Gate of Ijtihad Closed?287
14The Development of Legal Thought in Hanafi Texts329
15Abu Hanifah, Champion of Liberalism and Tolerance in Islam377
16Al-Shafii Role in the Development of Islamic Jurisprudence389
17Doctrine and Practice in Islamic Law: One Aspect of the Problem425
18Ali in Shiah Tradition443
19The Shiah Doctrine of the Imamate443
20The Ithna Ashari-Shii Juristic Theory of Political and Legal Authority471
21Law as a Social Force in Islamic Culture and History487
22Problems of Modern Islamic Legislation515
23Modern Trends in Islam: Legal Reform and Modernisation in The Middle East547
24The Contribution of the Modernists to the Secularization of Islamic Law569
25Accommodation and Revolution in Imami Shii Jurisprudence: Khumayni and the Classical Tradition585
Name Index603

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