Maṣlaḥa and the Purpose of the Law
Islamic Discourse on Legal Change from the 4th/10th to 8th/14th Century
Biographical note
Felicitas Opwis, Ph.D. (2001) in Arabic and Islamic Studies, Yale University, is Assistant Professor of Arabic and Islamic Studies at Georgetown University. Her publications address the development of Islamic legal theory in light of intellectual currents and historical environment.
Readership
Those interested in Islamic intellectual history, Islamic law, legal theory, legal change, and the interplay of law with theology and politics.
€99.00$136.00
Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and ...
€143.00$196.00
This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture.
€184.00$252.00
English translations of modern legal documents from the Judean Desert cast light on the Islamization of the tribal customary law in the tribal judge’s precinct. This book is intended for students of Islamic law, of customary law and comparative law, legal, social and economic historians, and ...
€98.00$136.00
This book examines Dār al-Iftā, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahhābī interpretations of the Shari'a to late twentieth-century modernity.
€135.00$188.00
This book offers a comprehensive reinterpretation of Shāfiʿī’s Risāla and shows how Shāfiʿī sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna.
€118.00$164.00
The book examines the drafting of the Egyptian Civil Code of 1949, exposing its unknown sociological strata, under the leadership of Dr. ‘Abd al-Razzāq al-Sanhūrī, one of the most prominent jurist to emerge to date in the Arab world.
€114.00$158.00
This collective volume deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them.
€108.00$150.00
This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.
€123.00$171.00
This publication examines how a medieval Syrian Shāfiʿī jurist, Ibn Qāḍī Shuhbah (d. 851/1448), depicted the formation, decline, and the sources for the revival of Islamic law based on his Ṭabaqāt al-fuqahāʾ al-shāfiʿīyah (The Generations of the Shāfiʿī Jurists).
€103.00$143.00
This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.
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