1st Edition

Routledge Handbook of Islamic Law

    466 Pages
    by Routledge

    466 Pages
    by Routledge

    This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism.

    Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought.

    With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

    I. Approaches and the State of the Field, Ahmad Atif Ahmad, Editor

    II. What Type of Law Is Islamic Law? Khaled Abou El Fadl, Editor

    Part One: Jurisprudence and Ethics

    1. Shari¿ah, Natural Law and the Original State
    2. Ahmed Izzidien

    3. "God Cannot be Harmed": On ¿uquq Allah/¿uquq al-¿Ibad Continuim
    4. Wael Hallaq

    5. Balancing this World and Next: Obligation in Islamic Jurisprudence
    6. Omar Farahat

    7. Divine Command Ethics in the Islamic Legal Tradition
    8. Mariam al-Attar

    9. Islamic Law and Bioethics
    10. Ayman Shabana

      Part Two: History and Interpretation: Scholars

    11. The Qur¿an and the Hadith as Sources of Islamic Law
    12. Amr Osman

    13. The Emergence of the Major Schools of Islamic Law
    14. Labeeb Ahmed Bsoul

    15. Qadis and Muftis: Judicial Authority in Islamic Law
    16. Delfina Serrano Ruano

    17. Consensus
    18. Ahmad Atif Ahmad

    19. Superior Argument
    20. Ahmad Atif Ahmad

    21. Maqa¿id al-Shari¿ah
    22. Felicitas Opwis

    23. Legal Pluralism in Sunni Islamic Law
    24. Ahmed Fekry Ibrahim

    25. Interpreting Islamic Law: The Role of Legal Canons
    26. Intisar Rabb

    27. Ijtihad and Taqlid
    28. Sherman Jackson

      Part Three: History and Interpretation: Society and Politics

    29. Legal Traditions of the ‘Near East’: The Pre-Islamic Context
    30. Lena Salaymeh

    31. The Place of Custom in Islamic Law
    32. Ayman Shabana

    33. Jihad, Sovereignty, and Jurisdiction
    34. Ahmed Al-Dawoody

    35. Fiqh al-Aqalliyyat and Muslim Minorities in the West
    36. Said Fares Hassan

    37. Family Law and Succession
    38. Irene Schneider

    39. Islamic Law and the Question of Gender Equality
    40. Ziba Mir-Hosseini

      Part Four: State and Power

    41. Islamic law and the State in pre-modern Sunni thought
    42. Ovamir Anjum

    43. Concept of State in Shi¿i Jurisprudence
    44. Amir Boozari

    45. Codification, Legal Borrowing and the Localization of ‘Islamic Law’
    46. Guy Burak

    47. Modern Islamic Constitutional Theory
    48. Andrew F. March

    49. Islam, Constitutionalism and Democratic Self-Government
    50. Mohammad Fadel

    51. Terrorism, Religious Violence, and the Shari¿ah

    Ahmed Al-Dawoody



    Khaled Abou El Fadl is the Omar and Azmeralda Alfi Distinguished Professor of Law at the UCLA School of Law. He is the author of numerous books and articles on Islam and Shari‘ah, Islamic law and Islamic jurisprudence. Among his books are: Reasoning with God: Reclaiming Shari‘ah in the Modern Age (Rowman and Littlefield, 2014); The Search for Beauty in Islam: A Conference of the Books (Rowman and Littlefield, 2006); Speaking in God’s Name: Islamic law, Authority and Women (Oneworld Publications, 2001); And God Knows the Soldiers: The Authoritative and Authoritarian in Islamic Discourses (Rowman and Littlefield/UPA, 2001); The Great Theft: Wrestling Islam from the Extremists (HarperOne, 2007) and Rebellion and Violence in Islamic Law (Cambridge University Press, 2001).

    Ahmad Atif Ahmad is professor of religious studies at the University of California in Santa Barbara (UCSB). He is the author of Islamic Law: Cases, Authorities, and Worldview (London: Bloomsbury, 2017), The Fatigue of the Sharia (New York: Palgrave, 2012), and Structural Interrelations of Theory and Practice in Islamic Law (Leiden: Brill, 2006), Professor Ahmad teaches courses on Islamic legal reasoning in medieval Islam and early modern Egypt.

    Said Fares Hassan currently teaches at al-Azhar University, Faculty of Languages and Translation, Department of Islamic Studies, Cairo, Egypt. He received his PhD from UCLA in 2011. He worked as a visiting assistant professor at Georgetown University in 2012; a visiting fellow at the Institute for Islamic Studies (IAIN) Sultan Maulana Hasanuddin, Indonesia in 2014; and a visiting fellow at the Berlin Graduate School Muslim Cultures and Societies, Freie Universität, Berlin also in 2014. His publications include Fiqh al-Aqalliyyat: History, Development and Progress (New York: Palgrave Macmillan 2013) and ‘Law-Abiding Citizen: Recent Fatwas on Muslim Minorities’ Loyalty to Western Nations’, Journal of the Muslim World, October 2015. He has contributed a number of chapters to edited volumes such as Education and the Arab Spring: Shifting Toward Democracy, 2016, Christian–Muslim Relations. A Bibliographical History, 2016, and The Encyclopedia of Muslim American History, 2010.