The Formation of Islamic LawThe fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law. |
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Contents
The Arab Conquests and the Formation of Islamic Society | 1 |
Jurisprudence | 29 |
Foreign Elements in Ancient Islamic | 59 |
Copyright | |
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Abd al-Malik Abū Abū Yūsuf according administrative al-fiqh Allāh ancient appears Arab Arabia argued argument attributed authority became Beirut Cairo caliph century chapter cited claim classical Companions concept concerning consensus considered continuity Crone Dā’ūd discussion doctrine early Islamic East elements evidence example existence expression fact founder Hallaq Hanifa Ibid important influence inheritance instance institution Islamic jurisprudence Islamic law jurisprudence jurists Kitāb known later Mālik matters meaning Medina mentioned Middle Muhammad Muslim non-Arab opinion Origins passage patron period Persian political position practice present principles problems Prophet question Qur'ān Qur'ānic reasoning reference regarded religion religious reports represented role Roman rule Schacht scholars seems sense Shafi'i shows slaves society sources statement Studies suggests sunna Sunni tasyīb term theory tradition Umar Umayyad uşūl