Reason, Revelation and Law in Islamic and Western Theory and History (Islam and Global Studies)

translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Foreword Acknowledgments Praise for Reason, Revelation and Law in Islamic and Western Theory and History Contents Notes on Contributors Chapter 1: Introduction: Reason, Revelation, and Law in Global Historical Perspective References Chapter 2: The Historical Relation of Islamic and Western Law Introduction Western as well as Other Non-Islamic Influence on Islamic Law The Historical Influence of Islamic on European Law Conclusion References Chapter 3: Through the Lens of the Qur’anic Covenant: Theories of Natural Law and Social Contract in al-Ṭabarı̄’s Exegesis and History Preface Introduction Natural Law Theory: ‘Western’ Concepts ‘Social Contract’ Covenant, Constitution, Social Contract Islamic Natural Law and Social Contract Summary and Procedure Natural Law and Social Contract in the Qur’an Al-Ṭabarı̄’s Exegesis and History Al-Madhhab al-jarı̄rı̄ Exegesis of al-Nisāʾ, Q. 4: 1 Exegesis of Āl ʿImrān, Q. 3: 79 Creation in al-Ṭabarı̄’s History Conclusions Bibliography I. Primary Sources A. al-Ṭabarı̄’s Works B. Other Arabic Sources C. English Translation II. Reference Literature Chapter 4: Al-Ghazali’s Ethics and Natural Law Theory The Prima Facie Opposing Case Objectivity of Obligation Objectivity of Value Reason and Human Nature References Chapter 5: Elitist Democracy and Epistemic Equality: Aristotle and Ibn Rushd on the Role of Common Beliefs Aristotle’s Endoxic Method Whose Endoxa? Which Method? Limitations Endoxic Method in Aristotle’s Politics Ibn Rushd on Common Opinions: Bādı̄ al-rāʾı̄ and the Unwritten Law Conclusion References Chapter 6: “A Comparative Study of Reason and Revelation in Relation to Natural and Divine Law in al-Farabi and Ibn Rushd” References Chapter 7: Epilogue: Critical Reflections in Retrospect and Prospect Distinguishing Disciplines, Positioning Scholarship Disciplinary Calibrations Framing the Question, Selecting the Genre: Islamic Natural Law Between Theology and Law Islamic Natural Law as Legal Theory Hard Natural Law Soft Natural Law Maqasid al-shari‘a: Controlling for the Slippery Slope Islamic Natural Law as Legal Practice? The Politics of Islamic Natural Law Theory Conclusion References Index This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences. These analyses will prove beneficial to scholars and students of religious studies, interreligious, intercultural, and international relations, political science, history, sociology, and related fields both within and beyond the Western and Islamic worlds, as well as generally educated readers who take interest in these issues and their ramifications