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OverviewThis book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). Full Product DetailsAuthor: Ayman ShabanaPublisher: Palgrave Macmillan Imprint: Palgrave Macmillan Dimensions: Width: 14.00cm , Height: 1.80cm , Length: 21.60cm Weight: 0.460kg ISBN: 9780230105928ISBN 10: 0230105920 Pages: 246 Publication Date: 19 January 2011 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print ![]() This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsPART I Custom and Islamic Law in Modern Scholarship Normative Foundations of the Concept of Custom in the Islamic legal Tradition From 'Ådah to ' Urf, Theological Foundations of the Concept of Custom As reflected in the Debate over Causality Custom between the Theoretical School and the Applied School PART II The Expansion of Legal Theory Custom and Legal Maxims al-Qawå'id al-Fiqhiyyah Custom and the Objectives of Sharí'ah, Maqåßid al-Sharí'ah Custom, Legal Application, and the Construction of RealityReviewsShabana's work is an immensely important contribution to the study of the Islamic legal tradition. It provides a sound basis for more explorative examinations of custom as a source of Shar??ah, particularly its potential to contribute to the progressive reform of Shar??ah. - Waheeda Amien, University of Cape Town This book will be very useful to students and specialists in Islamic law who need to understand the historical development of the custom, its relationships with other significant legal theological concepts and institutions, and its status in different genres such as the qawa'id and maqasid. This focus makes technical discussion in technical terms inevitable. However, the book's general and comprehensive outlook should also interest non-specialists. In addition, it should pave the way for new and more specific studies on 'urf. Finally, the role of the 'urf and 'ada in the evolution of Islamic law in the modern period, is also highly important, and we need more studies in this field by serious and competent scholars like Shabana. - Ismail Cebeci, Oxford Centre for Islamic Studies, Journal of Islamic Studies ""Shabana's work is an immensely important contribution to the study of the Islamic legal tradition. It provides a sound basis for more explorative examinations of custom as a source of Shar??ah, particularly its potential to contribute to the progressive reform of Shar??ah."" - Waheeda Amien, University of Cape Town ""This book will be very useful to students and specialists in Islamic law who need to understand the historical development of the custom, its relationships with other significant legal theological concepts and institutions, and its status in different genres such as the qawa'id and maqasid. This focus makes technical discussion in technical terms inevitable. However, the book's general and comprehensive outlook should also interest non-specialists. In addition, it should pave the way for new and more specific studies on 'urf. Finally, the role of the 'urf and 'ada in the evolution of Islamic law in the modern period, is also highly important, and we need more studies in this field by serious and competent scholars like Shabana."" - Ismail Cebeci, Oxford Centre for Islamic Studies, Journal of Islamic Studies Shabana's work is an immensely important contribution to the study of the Islamic legal tradition. It provides a sound basis for more explorative examinations of custom as a source of Shari'ah, particularly its potential to contribute to the progressive reform of Shari'ah. - Waheeda Amien, University of Cape Town This book will be very useful to students and specialists in Islamic law who need to understand the historical development of the custom, its relationships with other significant legal--theological concepts and institutions, and its status in different genres such as the qawa'id and maqasid. This focus makes technical discussion in technical terms inevitable. However, the book's general and comprehensive outlook should also interest non-specialists. In addition, it should pave the way for new and more specific studies on 'urf. Finally, the role of the 'urf and 'ada in the evolution of Islamic law in the modern period, is also highly important, and we need more studies in this field by serious and competent scholars like Shabana. - Ismail Cebeci, Oxford Centre for Islamic Studies Shabana's work is an immensely important contribution to the study of the Islamic legal tradition. It provides a sound basis for more explorative examinations of custom as a source of Shar??ah, particularly its potential to contribute to the progressive reform of Shar??ah. - Waheeda Amien, University of Cape Town This book will be very useful to students and specialists in Islamic law who need to understand the historical development of the custom, its relationships with other significant legal theological concepts and institutions, and its status in different genres such as the qawa'id and maqasid. This focus makes technical discussion in technical terms inevitable. However, the book's general and comprehensive outlook should also interest non-specialists. In addition, it should pave the way for new and more specific studies on 'urf. Finally, the role of the 'urf and 'ada in the evolution of Islamic law in the modern period, is also highly important, and we need more studies in this field by serious and competent scholars like Shabana. - Ismail Cebeci, Oxford Centre for Islamic Studies, Journal of Islamic Studies Author InformationAyman Shabana is Visiting Assistant Professor at Georgetown University s School of Foreign Service, Qatar Tab Content 6Author Website:Countries AvailableAll regions |