Custom in Islamic Law and Legal Theory: The Development of the Concepts of ?Urf and ??dah in the Islamic Legal Tradition

Author:   Ayman Shabana
Publisher:   Palgrave Macmillan
ISBN:  

9780230105928


Pages:   246
Publication Date:   19 January 2011
Format:   Hardback
Availability:   In Print   Availability explained
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Custom in Islamic Law and Legal Theory: The Development of the Concepts of ?Urf and ??dah in the Islamic Legal Tradition


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Overview

This 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 Details

Author:   Ayman Shabana
Publisher:   Palgrave Macmillan
Imprint:   Palgrave Macmillan
Dimensions:   Width: 14.00cm , Height: 1.80cm , Length: 21.60cm
Weight:   0.460kg
ISBN:  

9780230105928


ISBN 10:   0230105920
Pages:   246
Publication Date:   19 January 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
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 Contents

PART 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 Reality

Reviews

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 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 Information

Ayman Shabana is Visiting Assistant Professor at Georgetown University s School of Foreign Service, Qatar

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