Shar�'a Theory, Practice, Transformations

ISBN-10: 0521678749
ISBN-13: 9780521678742
Edition: 2009
Authors: Wael B. Hallaq
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Description: In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by  More...

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Book details

Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 4/16/2009
Binding: Paperback
Pages: 626
Size: 6.00" wide x 8.75" long x 1.25" tall
Weight: 2.134
Language: English

In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

Preface and acknowledgments
Introduction
The pre-modern tradition
The formative period
Legal theory: epistemology, language and legal reasoning
Legal education and the politics of law
Law and society
The Circle of Justice and later dynasties
The law: an outline
The legal pillars of religion
Contracts and other obligations
Family law and succession
Property and ownership
Offenses
Jih&abar;d
Courts of justice, suits and evidence
The sweep of modernity
The conceptual framework: an introduction
The jural colonization of India and South-East Asia
Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth centuries
Modernizing the law in the age of nation-states
In search of a legal methodology
Repercussions: concluding notes
Contents of substantive legal works
Chronology
Bibliography
Index

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