Legal maxims in Islamic law : concept, history and application of axioms of juristic accumulation / by Necmettin Kızılkaya.
2021
KBP40.2 .K59 2021 (Mapit)
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Details
Title
Legal maxims in Islamic law : concept, history and application of axioms of juristic accumulation / by Necmettin Kızılkaya.
Imprint
Leiden ; Boston : Brill Nijhoff, [2021]
Description
xii, 312 pages ; 25 cm.
Series
Brill's Arab and Islamic laws series ; v. 15.
Formatted Contents Note
The conceptual analysis of the legal maxim and its process of becoming a technical term
The relationship of the legal maxim to similar concepts
Sources of the legal Maxims
Genres in Islamic Law
The 4/10th-7/13th centuries / the formative period of the literature of legal Maxims
The 8/14th-9/14th centuries and the rise of the Shāfii legal Maxims tradition
10/16th century / the systemization of maxim literature in terms of language and style
The period between the 11/17th century and the Majalla commentaries and glosses
From legal Maxims to codification / Mecelle-i Ahkāmı Adliye
The legal nature of the Maxim
The function of the Maxim legal maxims in the literature of compendia, commentary and glosses genres
Legal Maxims in the literature of Fatwā, Nawāzil and Uṣūl al-Fiqh
Conclusion.
The relationship of the legal maxim to similar concepts
Sources of the legal Maxims
Genres in Islamic Law
The 4/10th-7/13th centuries / the formative period of the literature of legal Maxims
The 8/14th-9/14th centuries and the rise of the Shāfii legal Maxims tradition
10/16th century / the systemization of maxim literature in terms of language and style
The period between the 11/17th century and the Majalla commentaries and glosses
From legal Maxims to codification / Mecelle-i Ahkāmı Adliye
The legal nature of the Maxim
The function of the Maxim legal maxims in the literature of compendia, commentary and glosses genres
Legal Maxims in the literature of Fatwā, Nawāzil and Uṣūl al-Fiqh
Conclusion.
Summary
"The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources. "This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." -- Saffet Köse. "Kızılkaya's book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre's development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." -- Wael B. Hallaq. "In today's world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." -- Murteza Bedir"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Kızılkaya, Necmettin,1978- Legal maxims in islamic law Leiden, The Netherlands : Koninklijke Brill NV, [2021]
Call Number
KBP40.2 .K59 2021
Language
English
ISBN
9789004444669 hardcover
9004444661 hardcover
9789004444676 electronic book
9004444661 hardcover
9789004444676 electronic book
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