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)
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.
Acknowledgements | ||
Editor's Note | ||
Series Preface | ||
Introduction: Material Available on Islamic Legal Theory in English | ||
1 | Foreign Elements in Ancient Islamic Law | 3 |
2 | The Alleged Debt of Islamic to Roman Law | 13 |
3 | Islamic and Talmudic Jurisprudence: The Four Roots of Islamic Law and their Talmudic Counterparts | 35 |
4 | Nature and Sources of Islamic Law | 87 |
5 | The Collection of the Quran | 111 |
6 | The Importance of Tradition for the Study of Islam | 133 |
7 | A Revaluation of Islamic Traditions | 141 |
8 | The Basis of Authority of Consensus in Sunnite Islam | 155 |
9 | Non-Analogical Arguments in Sunni Juridical Qiyas | 205 |
10 | Legal Logic and Equity in Islamic Law | 229 |
11 | Muslim Custom and Case Law | 259 |
12 | Interpretation in Islamic Law: The Theory of Ijtihad | 273 |
13 | Was the Gate of Ijtihad Closed? | 287 |
14 | The Development of Legal Thought in Hanafi Texts | 329 |
15 | Abu Hanifah, Champion of Liberalism and Tolerance in Islam | 377 |
16 | Al-Shafii Role in the Development of Islamic Jurisprudence | 389 |
17 | Doctrine and Practice in Islamic Law: One Aspect of the Problem | 425 |
18 | Ali in Shiah Tradition | 443 |
19 | The Shiah Doctrine of the Imamate | 443 |
20 | The Ithna Ashari-Shii Juristic Theory of Political and Legal Authority | 471 |
21 | Law as a Social Force in Islamic Culture and History | 487 |
22 | Problems of Modern Islamic Legislation | 515 |
23 | Modern Trends in Islam: Legal Reform and Modernisation in The Middle East | 547 |
24 | The Contribution of the Modernists to the Secularization of Islamic Law | 569 |
25 | Accommodation and Revolution in Imami Shii Jurisprudence: Khumayni and the Classical Tradition | 585 |
Name Index | 603 |