This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Custom in Islamic Law and Legal Theory: The Development of the Concepts of ‘Urf and ‘Ādah in the Islamic Legal Tradition
✍ Scribed by Ayman Shabana (auth.)
- Publisher
- Palgrave Macmillan US
- Year
- 2010
- Tongue
- English
- Leaves
- 256
- Series
- Palgrave Series in Islamic Theology, Law, and History
- Category
- Library
No coin nor oath required. For personal study only.
✦ Table of Contents
Front Matter....Pages i-xv
Introduction....Pages 1-14
Front Matter....Pages 15-15
Custom and Islamic Law in Modern Scholarship....Pages 17-42
Front Matter....Pages 43-43
Normative Foundations of the Concept of Custom in the Islamic Legal Tradition....Pages 45-58
From ˓Ādah to ˓Urf Theological Foundations of the Concept of Custom as reflected in the Debate over Causality....Pages 59-70
Custom between the Theoretical School and the Applied School....Pages 71-91
Front Matter....Pages 93-93
The Expansion of Legal Theory....Pages 95-110
Custom and Legal Maxims....Pages 111-124
Custom and the Objectives of Sharī˓ah....Pages 125-146
Custom, Legal Application, and the Construction of Reality....Pages 147-166
Conclusion....Pages 167-171
Back Matter....Pages 173-246
✦ Subjects
Islam; Islamic Theology; Private International Law, International & Foreign Law, Comparative Law
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