Contingency in a Sacred Law: Legal and Ethical Norms in the Muslim Fiqh

Ön Kapak
BRILL, 1999 - 521 sayfa
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This book focuses on the Hanafite school of "fiqh" which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The "fiqh" consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between "fiqh" and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the "fiqh," in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.

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Introduction l
The city and its norms
countryside as reflected in the tax system
the case of Damascus in the early nineteenth
Legal norms and social practices
Legal rationality and ethical norms
Property as an institution of social integration
Political authority as foundation of social
Konnen Muslime einen religionsneutralen Staat
Equality and exchange under the penal law
Proof and procedure as a key to the fiqhs
et verite religieuse dans le Droit Islamique
How the norms change
The quest for substantive justice
Telif Hakkı

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Ghazālī and the Poetics of Imagination
Ebrahim Moosa
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Yazar hakkında (1999)

Baber Johansen, Ph.D. (1965) in Islamic Studies, Habilitation (1972), Berlin, is Directeur d'Etudes at the Ecole des Hautes Etudes et Sciences Sociales in Paris for 'Structures normatives et histoire en Islam'. He has published extensively on the history of Islamic Law including "The Islamic Law on Land Tax and Rent" (London, Croom Helm, 1988) and (together with D.J. Stewart and A. Singer) "Law and Society in Islam" (Princeton, Markus Wiener Publishers, 1996).

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