The Origins and Evolution of Islamic Law (Themes in Islamic Law, Series Number 1)

Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'. Covering More Than Three Centuries Of Legal History, This Study Presents An Important Account Of How Islam Developed Its Own Law From Ancient Near Eastern Legal Cultures, Arabian Customary Law And Quranic Reform. The Book Explores The Interplay Between Law And Politics, Demonstrating How The Jurists And Ruling Elite Led A Symbiotic Existence That Paradoxically Allowed Islamic Law To Become Uniquely Independent Of The State. Introduction -- 1. The Pre-islamic Near East, Muhammad And Quranic Law -- 2. The Emergence Of An Islamic Legal Ethic -- 3. The Early Judges, Legal Specialists And The Search For Religious Authority -- 4. The Judiciary Coming Of Age -- 5. Prophetic Authority And The Modification Of Legal Reasoning -- 6. Legal Theory Expounded -- 7. The Formation Of Legal Schools -- 8. Law And Politics: Caliphs, Judges And Jurists -- Conclusion. Wael B. Hallaq. Includes Bibliographical References (p. 217-228) And Index. 00. 9780521803328 01.0_pp_i_vi_Frontmatter 02.0_pp_vii_viii_Contents 03.0_pp_ix_x_Maps 04.0_pp_xi_xi_Arabia_ca_622_ad 05.0_pp_xii_xiv_Muslims_lands_in_the_thirdninth_century 06.0_pp_1_7_Introduction 07.0_pp_8_28_The_pre-Islamic_Near_East_Muammad_and_Quranic_law 08.0_pp_29_56_The_emergence_of_an_Islamic_legal_ethic 09.0_pp_57_78_The_early_judges_legal_specialists_and_the_search_for_religious_authority 10.0_pp_79_101_The_judiciary_coming_of_age 11.0_pp_102_121_Prophetic_authority_and_the_modification_of_legal_reasoning 12.0_pp_122_149_Legal_theory_expounded 13.0_pp_150_177_The_formation_of_legal_schools 14.0_pp_178_193_Law_and_politics_caliphs_judges_and_jurists 15.0_pp_194_206_Conclusion 16.0_pp_207_210_Glossary_of_key_terms 17.0_pp_211_216_Short_biographies 18.0_pp_217_224_Bibliography 19.0_pp_225_228_Suggested_further_reading 20.0_pp_229_234_Index "This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient. Near Eastern legal cultures, Arabian customary law, and Quranic reform. The development of the judiciary, legal reasoning, and legal authority during the first century is discussed in detail, as is the dramatic rise of prophetic authority, the crystallization of legal theory, and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite had a symbiotic existence and mutual dependency that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the "state.""--Jacket It was in the Hejazi dries of Mecca and Yathrib - later renamed Medina - that a man called Muhammad came forward to proclaim a new religion with a political order at its center. One of the fundamental features of the so-called modern Islamic resurgence is the call to restore the Sharia, the religious law of Islam.

the History Of Islamic Law From Pre-islamic Times Across Three Centuries.