An Islamic Legal Philosophy: Ibn ʿAbd al-Salām and the Ethical Turn in Islamic Law

Author:   Mariam Sheibani (Brandeis University, Massachusetts)
Publisher:   Cambridge University Press
ISBN:  

9781009588461


Pages:   315
Publication Date:   27 November 2025
Format:   Hardback
Availability:   Not yet available, will be POD   Availability explained
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An Islamic Legal Philosophy: Ibn ʿAbd al-Salām and the Ethical Turn in Islamic Law


Overview

While many studies of Islamic law have centered on the development of legal theory and substantive law, especially in their formative period of development, Mariam Sheibani instead argues that the rich legal history of the post-formative period and the Islamic legal philosophy that developed in it have been comparatively neglected. This innovative study traces the ethical turn in medieval Islamic legal philosophy through the pioneering work of the prominent jurist and legal philosopher Izz al-Dīn Ibn ʿAbd al-Salām (d. 660/1262). Sheibani demonstrates how Ibn ʿAbd al-Salām advanced a comprehensive analysis of the law's purposive and coherent rationality, articulated in a distinctive genre, with direct bearing on legal doctrine and social praxis. Ibn ʿAbd al-Salām expanded on previous theological and legal reasoning, furthering two ideas developed by Khurasani Shāfiʿīs: maṣlaḥa (human benefit) and qawāʿid (legal maxims). He also sought to embody and deploy the teachings of his legal philosophy for socio-religious reform in Ayyubid Damascus and Cairo, breaking with the dominant formalism of legal practice. The new forms of legal reasoning and writing that Ibn ʿAbd al-Salām developed would influence subsequent jurists from diverse legal schools and across regional traditions until the present day.

Full Product Details

Author:   Mariam Sheibani (Brandeis University, Massachusetts)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Weight:   0.500kg
ISBN:  

9781009588461


ISBN 10:   100958846
Pages:   315
Publication Date:   27 November 2025
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available, will be POD   Availability explained
This item is yet to be released. You can pre-order this item and we will dispatch it to you upon it's release. This is a print on demand item which is still yet to be released.

Table of Contents

Introduction; 1. The revival of Shāfiʿism and intellectual life in Damascus; 2. Ibn ʿAbd al-Salām's scholarly formation and the politics of patronage in ayyubid Damascus; 3. Maṣlaḥa in Ibn ʿAbd al-Salām's legal philosophy; 4. Legal maxims in Ibn ʿAbd al-Salām's legal philosophy; 5. The application of Ibn ʿAbd al-Salām's legal philosophy in Damascus and Egypt; 6. The reception of Ibn ʿAbd al-Salām's legal philosophy; Conclusion; Appendix; Bibliography; Index.

Reviews

'Mariam Sheibani's intellectual biography of Ibn 'Abd al-Salam is a welcome contribution to our understanding of Islamic legal history in the crucial period when the institutions of Islamic law were stabilizing in the Ayyubid-Mamluk period in Egypt and the Levant. Given Ibn 'Abd al-Salam's outsized influence – both as theologian and Shafi'i jurist— this study will be indispensable for anyone interested in developments in Islamic law in Egypt and the Levant in the 6th-8th/12th – 14th centuries.' Mohammad Fadel, University of Toronto 'This rich and absorbing study brilliantly interweaves the life and socio-political context of the Shafi'i jurist Ibn ʿAbd al-Salām with a multi-faceted exploration of his intellectual legacy. Sheibani demonstrates Ibn ʿAbd al-Salām's pivotal role in the development of an Islamic legal philosophy premised on the rational coherence of the law.' Marion H. Katz, New York University


Author Information

Mariam Sheibani is an assistant professor of Islamic thought at Brandeis University, where her research focuses on Islamic intellectual and social history. Her work has been published in Islamic Law and Society, Journal of the American Oriental Society, Oxford Journal of Law and Religion, and Religions.

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