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Epistle on Legal Theory A Translation of Al-Shafi'i's Risalah

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ISBN-10: 0814769985

ISBN-13: 9780814769980

Edition: 2013

Authors: Muhammad ibn Idris al-Shafi'i, Joseph E. Lowry, Kecia Ali

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Description:

NYU Press and NYU Abu Dhabi (NYUAD) announce the establishment of theLibrary of Arabic Literature(LAL), a new publishing series offering Arabic editions and English translations of the great works of classical Arabic literature. The translations, rendered in parallel-text format with Arabic and English on facing pages, will be undertaken by renowned scholars of Arabic literature and Islamic studies, and will include a full range of works, including poetry, poetics, fiction, religion, philosophy, law, science, history and historiography. Unprecedented in its scope, LAL will produce authoritative and fiable editions of the Arabic and modern, lucid English translations, introducing the…    
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Book details

Copyright year: 2013
Publisher: New York University Press
Publication date: 2/4/2013
Binding: Hardcover
Pages: 544
Size: 6.46" wide x 9.29" long x 1.54" tall
Weight: 1.892
Language: English

Muhammad ibn Idris al-Shafi'i (d. 204H/820AD) was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam.

Joseph E. Lowry is Associate Professor of Arabic and Islamic Studies at the University of Pennsylvania. His books include Early Islamic Legal Theory: The Risala of Muhammad ibn Idris al-Shafiʿi . His research and publications focus on the Qurʾan, Islamic law, and Arabic literature. Before becoming an academic he was an attorney in private practice in Washington, D.C.

Kecia Ali is Associate Professor of Religion at Boston University.

Letter from the General Editor
Acknowledgments
Introduction
A Note on the Text
Notes to the Introduction
Epistle on Legal Theory
Chapter on the Modalities of Legislative Statements
Chapter on the First Kind of Legislative Statement
Chapter on the Second Kind of Legislative Statement
Chapter on the Third Kind of Legislative Statement
Chapter on the Fourth Kind of Legislative Statement
Chapter on the Fifth Kind of Legislative Statement
Chapter Explaining What Is Revealed in the Book as Unrestricted, and Intended as Unrestricted, but Also Partly Restricted
Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Combines the Unrestricted and the Restricted
Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Is Intended in Its Entirety as Restricted
Chapter on the Category of Statements in Which Context Indicates the Meaning
The Category in Which the Wording Indicates the True Meaning Rather Than the Apparent Meaning
Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted
Explanation of God's Imposition in His Book of the Obligation to Follow the Practice of His Prophet
The Obligation from God to Obey the Prophet, Paired with Obedience to God and Mentioned Separately
Chapter on God's Command to Obey God's Emissary
Chapter on God's Statement to His Creation Concerning Having Obliged His Emissary to Follow What Was Revealed to Him; The Evidence He Gave Concerning His Emissary's Following What He Was Commanded to Do, His Emissary's Being Guided, and His Emissary's Guidance of Those Who Follow Him
The Beginning of Abrogation
Abrogation Indicated Partly by the Book and Partly by Prophetic Practice
Chapter on the Obligation to Pray That the Book and Then Prophetic Practice Indicate to Be Obviated by Reason of an Excuse; and Concerning Him Whose Prayer Is Not Counted as Disobedience
Abrogation Indicated by Prophetic Practice and Consensus
Chapter on Obligations That God Revealed in the Form of Explicit Texts
Obligations Established by Explicit Texts and in Regard to Which God's Emissary Provided a Parallel Practice
Obligations Established by Explicit Texts in Regard to Which Prophetic Practice Indicates That He Intended Something Restrictive
Obligations Expressed in General Terms
Concerning Alms
Concerning the Pilgrimage
Concerning Waiting Periods
Concerning Women Unlawful to Marry
Concerning Unlawful Kinds of Food
Concerning That from Which Widows Must Abstain during the Waiting Period
Chapter on Problems Affecting Hadith-Reports
Another Instance of Abrogation
Another Instance
Another Instance
Another Instance of Legal Disagreement
Inconsistency in Narration in a Way That Differs from What Preceded
Another Instance Considered Contradictory, but Not by Us
Another Instance Considered a Case of Legal Disagreement
Another Instance of Legal Disagreement
Concerning the Major Washing for Friday Prayer
Prohibition for a Reason Indicated by a Reason Given in Another Hadith-Report
Prohibition for a Reason That Is Clearer Than That in the Preceding Discussion
Prohibition for a Reason Resembling the Preceding Discussion in One Way, and Differing from It in Another
Another Chapter
An Instance That Resembles the Preceding Point
Description of God's and His Emissary's Prohibitions
Chapter on Knowledge
Chapter on the Uncorroborated Report
Authority Confirming the Uncorroborated Report
Chapter on Consensus
Chapter on the Confirmation of Analogical Reasoning and Legal Interpretation; When Analogizing Is Necessary and When Not; Who May Perform Analogies
Chapter on Legal Interpretation
Chapter on Subjective Reasoning
Chapter on Legal Disagreement
Chapter on Inheritance Shares
Chapter on me Disagreement over the Grandfather
Opinions of the Companions
The Status of Consensus and Analogy
Notes
Glossary of Names and Terms
Bibliography
Further Reading
Index of Qur'an Passages
Index
About the NYU Abu Dhabi Institute
About the Typefaces
About the Editor-Translator