Studies in Islamic Legal Theory (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)

This volume is a collection of studies devoted entirely to topics and issues in the field of Islamic legal theory and authored by 14 scholars known for their work in this field. The studies deal with such topics as early notions of charismatic authority. Pt. 1. Early Developments In Muslim Legal Theory. Competing Theories Of Authority In Early Maliki Texts / Jonathan E. Brockopp. Does Shafi'i Have A Theory Of Four Sources Of Law? / Joseph Lowry. Sunnah In The Responses Of Ishaq B. Rahwayh / Susan Spectorsky. Qur'anic Abrogation Across The Ninth Century: Shafi'i Abu 'ubayd, Muhasibi And Ibn Qutaybah / Christopher Melchert. Muhammad B. Dawud Al-zahiri's Manual Of Jurisprudence: Al-wusul Ila Ma'rifat Al-usul / Devin Stewart -- Pt. 2. The Function Of Usul Al-fiqh. Istihsan Is Nine-tenths Of The Law: The Puzzling Relationship Of Usul To Furu In The Maliki Madhhab / Mohammad Fadel. Fiction And Formalism: Toward A Functional Analysis Of Usul Al-fiqh / Sherman A. Jackson -- Pt. 3. Controversies Within And Between Schools. Like The Difference Between Heaven And Earth: Hanafi And Shafi'i Discussions Of Wajib And Fard / A. Kevin Reinhart. Mu'tazilism And Maturidism In Hanafi Legal Theory / Aron Zysow. Imami Shi'i Refutations Of Qivas / Robert M. Gleave. Usul-related Madhhab Differences In Amidi's Ihkam / Bernard G. Weiss -- Pt. 4. Authority, Reform, Underlying Principles. Takhrij And The Construction Of Juristic Authority / Wael B. Hallaq. Reforming Islam By Dissolving The Madhhabs: Shawkani And His Zaydi Detractors In Yemen / Bernard Haykel. Qawa'id As A Genre Of Legal Literature / Wolfhart P. Heinrichs. Edited By Bernard G. Weiss. Revised Papers Originally Presented At A Symposium Held At Alta, Utah In September 1999. Includes Bibliographical References And Index. This volume is unique as a collection of studies devoted entirely to topics and issues in the field of Islamic legal theory and authored by fourteen scholars known for their work in this field. The studies deal with such topics as early notions of charismatic authority, hermeneutic techniques in Shfi's Rislah , uses of the term sunnah in the ninth century A.H., evidence for the emergence of usl al-fiqh as a genre of legal literature in the ninth century, the function of usl al-fiqh in relation to legal practice, theological ramifications of issues in usl al-fiqh , Sh attitudes to qiys , the structure of juristic authority within the madhhab , usl al-fiqh as an instrument of reform, the place of qawid within Islamic legal theory. These studies are followed by a discussion among the authors.