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Islamic Jurisprudence, Islamic Law, and Modernity

✍ Scribed by Mohammad H. Fadel


Publisher
Lockwood Press
Year
2023
Tongue
English
Leaves
433
Series
Resources in Arabic and Islamic Studies
Edition
1
Category
Library

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✦ Synopsis


Mohammad Fadel’s scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel’s intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists’ assumptions about politics, economics, and the domestic sphere.

Fadel’s readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics.

The studies gathered together in this volume adroitly illustrate Fadel’s interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today’s pluralistic and secularized societies.

✦ Table of Contents


Half title page
Series page
Title page
CIP data
Contents
Series Editors’ Preface
Acknowledgments
Introduction
Nature, Revelation and the State in Pre-Modern Sunni Theological, Legal and Political Thought
Islamic Law Reform: Between Reinterpretation and Democracy
The Implications of Fiqh Al-Aqalliyyāt (Jurisprudence of Minorities) for the Rights of Non-Muslim Minorities in Muslim-Majority Countries
The Social Logic of Taqlīd and the Rise of the Mukhtaṣar
“Istafti qalbaka wa in aftāka al-nāsu wa aftūka”*: The Ethical Obligations of the Muqallid between Autonomy and Trust
“Istiḥsān Is Nine-Tenths of the Law”: The Puzzling Relationship of Uṣūl to Furūʿ in the Mālikī Madhhab
Is Historicism a Viable Strategy for Islamic Law Reform? The Case of ‘Never Shall a Folk Prosper Who Have Appointed a Woman to Rule Them’
Two Women, One Man: Knowledge, Power, and Gender in Medieval Sunni Legal Thought
Reinterpreting the Guardian’s Role in the Islamic Contract of Marriage: The Case of the Mālikī School
Political Liberalism, Islamic Family Law, and Family Law Pluralism
Adoption in Islamic Law
Ribā, Efficiency, and Prudential Regulation: Preliminary Thoughts
Ethics and Finance: An Islamic Perspective in the Light of the Purposes of Islamic Sharīʿa
Bibliography of Mohammad H. Fadel’s Published Works
Index


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