Doubt in Islamic law : a history of legal maxims, interpretation, and Islamic criminal law / Intisar A. Rabb, Harvard Law School.
2015
KBP3821 .R33 2015 (Mapit)
On loan from Stacks, due 20. Oct 2023
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Author
Title
Doubt in Islamic law : a history of legal maxims, interpretation, and Islamic criminal law / Intisar A. Rabb, Harvard Law School.
Imprint
New York, NY : Cambridge University Press, 2015.
Description
xiii, 414 pages ; 24 cm.
Series
Cambridge studies in Islamic civilization.
Formatted Contents Note
Introduction. pt. I. Islamic Institutional Structures and Doubt, First/Seventh-Tenth/Sixteenth Centuries. 1. The God of severity and lenity
2. The rise of doubt. pt. II. Morality and Social Context, First/Seventh-Fifth/Eleventh Centuries. 3. Hierarchy and Ḥudūd laws
4. Doubt as moral concern. pt. III. The Jurisprudence of Doubt, Second/Eighth-Tenth/Sixteenth Centuries. 5. Early doubt : Doubt as an element of Islamic criminal law
6. Sunnī Doubt : Substantive, procedural, and interpretive doubt. pt. IV. Interpretive Authority, Second/Eighth-Tenth/Sixteenth Centuries. 7. Against Doubt : Strict textualism in opposition to doubt
8. Shīʻī Doubt : Dueling theories of delegation and interpretation. Conclusion : doubt in comparative and contemporary context.
2. The rise of doubt. pt. II. Morality and Social Context, First/Seventh-Fifth/Eleventh Centuries. 3. Hierarchy and Ḥudūd laws
4. Doubt as moral concern. pt. III. The Jurisprudence of Doubt, Second/Eighth-Tenth/Sixteenth Centuries. 5. Early doubt : Doubt as an element of Islamic criminal law
6. Sunnī Doubt : Substantive, procedural, and interpretive doubt. pt. IV. Interpretive Authority, Second/Eighth-Tenth/Sixteenth Centuries. 7. Against Doubt : Strict textualism in opposition to doubt
8. Shīʻī Doubt : Dueling theories of delegation and interpretation. Conclusion : doubt in comparative and contemporary context.
Summary
"This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 359-403) and indexes.
Location
RBLL2
Call Number
KBP3821 .R33 2015
Language
English
ISBN
9781107080997 (hardback)
1107080991 (hardback)
1107080991 (hardback)
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