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Preface | |
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Comparing Islam and Judaism in Particular | |
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Why Compare Religions and Why Compare their Laws? | |
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The Nonotheist Religions, Judaism, Christianity, Islam | |
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Which Judaism, Which Islam, and Why? | |
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Category Formations: Comparing Incomparables | |
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Shared Structure | |
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Shared Disproportionate Categories | |
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Where They Say Much the Same Thing about the Same Topic | |
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Where They Say Different Things about the Same Topic | |
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Unique Categories: Areas Where They Do Not Intersect | |
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The Authoritative Documents of Judaism and Islam | |
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Where Do We Look for the Law? | |
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The Written Torah and the Oral Torah: Scripture, the Mishnah and the Talmuds | |
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Scripture: The Written Torah | |
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Mishnah: The Oral Torah | |
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The Talmuds C. Islamic Counterparts | |
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Scripture: The Qur'an | |
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Tradition: The Sunna | |
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Fiqh | |
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Conclusions | |
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The Intellectual Sources of the Law | |
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How Do the Authorities of the Law Reason? | |
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Islam: Consensus, Reasoning, Exceptions | |
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Consensus (Ijma') | |
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Reasoning (ijtihad) | |
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Exceptions | |
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Judaic Counterparts: Exegesis, Logic, Argument, Dialectics | |
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Exegesis: Midrash Halakhah | |
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The Mishnah's Applied Logic of Hierarchical Classification | |
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The Argument of Analogy and Contrast | |
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The Talmud's Dialectics | |
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Conclusions | |
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The Working of the Law: Institutions | |
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Institutional Authority | |
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The Israelite Court in the Legal Narrative of Islam | |
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Legitimacy | |
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Courts' Jurisdiction | |
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Evidence | |
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Punishments | |
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Conclusions | |
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The Working of the Law: Personnel | |
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Bases of Authority | |
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Islam | |
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Legal Scholars (Fuqaha') | |
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Judges | |
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Muftis | |
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Judaism: The sage | |
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Conclusions | |
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Disproportions | |
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Temple Law and Sacrifice | |
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Temple Law and Sacrifice in Judaism | |
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Sacrifice in Islam | |
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Slave Laws in Islam and Judaism | |
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Slave Laws in Islam | |
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Slave Laws in Judaism | |
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Sacred Time/Sabbath in Judaism and Sacred Time/Pilgrimage Islam | |
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Judaism: Sacred Time/Sabbath | |
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Islam: Sacred Time/Pilgrimage | |
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Conclusions | |
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Unique Categories | |
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The Unique Category | |
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Enlandisement (Judaism) | |
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Jihad (Islam) | |
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The Sage and Torah Study in Judaism | |
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Khilafah and the Legal Scholars in Islam | |
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History, Time, and Paradigm in Judaism | |
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History in Islam | |
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Epilogue | |
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Comparisons Up Close | |
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Judaism and Islam: Comparisons in the Context of World | |
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Religions | |
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Index | |