By Wael B. Hallaq
Wael B. Hallaq is already tested as essentially the most eminent students within the box of Islamic legislation. In his most modern ebook, he strains the heritage of Islamic criminal idea from its beginnings until eventually the fashionable interval. The publication is the 1st of its style in association, method of the topic, and significant equipment, and as such might be an important device for the knowledge of Islamic felony thought particularly and Islamic legislations more often than not. Its accessibility of language and magnificence promises it a readership between scholars and students, in addition to somebody drawn to Islam and its evolution.
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Extra resources for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh
Khalaf al-Bâjî, Ihkim ai-FuşûlfiAhkâm at-Ufüt, ed. ; Beirut: Dâr al-Kutub aJ-'Dmiyya, 1981), 8 ff; im im al-Haramayn ‘Abd al-Malik Abü alMa'âE ai-Juwayni, aî-Kâfya f i al-Jodst, ed. F. Husayn Mahmud (Cairo: Matba'at ’Isâ Bâbi alHalabi, 1399/1979), 3 i£; Abü Hâmid Muhammad b. Muhammad al-GhazâG, d-M ankhilm m T abqit aî-Uşût, ed. Muhammad Hasan Haytü (Damascus: Dâr al-Fikı, 1980), 42-62; Abü Hâmid Muhammad b. Muhammad al-Ghazâfi, ai-Mustaşjâ mix “Itm ai-Uşüt, 2 vols. (Cairo: alMatba'a al-Amîriyya, 1324/1906), 1 ,10 ff.
The treatise, as we have seen, is largely preoccupied with hadith, and offers only a few basic principles: (1) that law must be derived exclusively from revealed scripture; (2) that the Prophetic Sunna constitutes a binding source of law; (3) that contradiction exists neither between the Sunna and die Quran nor among verses or haditbs within each of these two sources; (4) that the two sources complement each other hermeneutically; (5) that a legal ruling derived from unambiguous and widely transmitted texts is certain and subject to no disagreement, whereas a ruling that is inferred by means of ijtihââ and qiyds may be subject to dis44 Pot this and the following paragraphs, see W.
2 For this and the following discussion under this scctioc, see Abu Ishaq İbrahim b. 'AB alShirâzî, Shark ai-Luma \ed. ‘Abd al-Majld Turkt, 2 vols. (Beirut Dâr al-Gharb al-Islami, 1988), 1 148-52; Abü al-WaEd b. Khalaf al-Bâjî, Ihkim ai-FuşûlfiAhkâm at-Ufüt, ed. ; Beirut: Dâr al-Kutub aJ-'Dmiyya, 1981), 8 ff; im im al-Haramayn ‘Abd al-Malik Abü alMa'âE ai-Juwayni, aî-Kâfya f i al-Jodst, ed. F. Husayn Mahmud (Cairo: Matba'at ’Isâ Bâbi alHalabi, 1399/1979), 3 i£; Abü Hâmid Muhammad b. Muhammad al-GhazâG, d-M ankhilm m T abqit aî-Uşût, ed.
A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq