The Spirit of Islamic Law

Front Cover
University of Georgia Press, 1998 - Law - 211 pages
2 Reviews
This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law.

The Spirit of Islamic Law outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals -- especially family relations and contracts -- coupled with a concern to define the limits of governmental power.

The Spirit of Islamic Law is the fifth book in Georgia's Spirit of the Laws series. which illuminates the nature of legal systems throughout the world.

  

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User Review  - violabelle - LibraryThing

This is a good book for a first-timer delving into Islamic Law, especially the first half. The chapters do tend to get a little long-winded, especially at the end. Read full review

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fitra ponder

Contents

The Formation of Islamic Law i
13
Divine Sovereignty and Human Subordination
24
The TextualistIntentionalist Bent
38
The Venture Beyond the Texts
66
Probabilism and the Limits of Certainty
88
Juristic Authority and the Diversity of Schools
113
The Moralistic Bent
145
Private and Public Dimensions of the Law
172
Copyright

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About the author (1998)

Weiss is a professor of Arabic and Islamic studies at the University of Utah in Salt Lake City.

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