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Locating the Sharīʿa: Legal Fluidity in Theory, History and Practice

Edited by: Sohaira Siddiqui

ISBN13: 9789004377103
Published: February 2019
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £100.00



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The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century.

Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.

Subjects:
Islamic Law
Contents:
Introduction
Part I: Reflections on the Study of the Sharīʿa
01. “Roots of Persuasion and the Future of the Sharīʿa”, Khaled Abou El Fadl
02. “Sectariansm and Integration: Contemporary Categories and the Prospects for Islamic Legal Studies”, Robert Gleave
03. “Gender and Legal Fluidity”, Marion Katz
04. “Translating the Fatigue of the Sharīʿa”, Ahmad Atif Ahmad
Part II: Study of the Sharīʿa in the Classical Period
05. “Quranic Jihad Refracted thought a Juridical Lens: An Exercise in Realpolitik”, Asma Afsaruddin
06. “ al-Ḥadīth al-Mashhūr: A Ḥanafī Reference to Kufan Practice”, Sohail Hanif
07. “Taking a Theological Turn in Legal Theory: Regional Priority and Theology in Transoxanian Ḥanafī Thought”, Dale Correa
08. “Maṣlaḥa as a Normative Claim of Islamic Jurisprudence: The Legal Philosophy of al-ʿIzz b. ʿAbd al-Salām”, Rami Koujah
Part III: Study of the Sharīʿa in the Modern and Contemporary Periods
09. “A Conservative Jurist’s Approach to Legal Change: Ashraf ʿAlī al-Thanawī on Women’s Political Rule”, Salman Younas
10. “Legislating Morality and other Illusions about Islamic Government”, Asifa Quraishi-Landes
11. “Relocating Dār al-Islām: Contemporary Islamic Perspectives on Territoriality”, Sarah Albrecht
12. “Regulating Maṣlaḥa Reasoning & the Production of a Fiqh al-Thawra After the 2011 Egyptian Revolution”, David Warren
13. “Whither Islam?: Western Islamic Reform and Discursive Density”, Ovamir Anjum