Routledge Handbook of Islamic Law: 1st Edition (Hardback) book cover

Routledge Handbook of Islamic Law

1st Edition

Edited by Khaled Abou El Fadl, Ahmad Atif Ahmad

Routledge

496 pages

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Hardback: 9781138803176
pub: 2019-04-22
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Description

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.

Table of Contents

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. Shariʿah, Natural Law and the Original State
  2. Ahmed Izzidien

  3. "God Cannot be Harmed": On Ḥuqūq Allah/Ḥuqūq al-ʿIbād 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 Qurʾan 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. Maqāṣid al-Shariʿah
  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. Ijtihād and Taqlīd
  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-Aqalliyyāt 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 Shiʿi 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 Shariʿah

Ahmed Al-Dawoody

Index

About the Editors

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.

Subject Categories

BISAC Subject Codes/Headings:
LAW052000
LAW / Jurisprudence
REL037020
RELIGION / Islam / Law