Overview

This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtaṣar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtaṣar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtaṣar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtaṣar continue the hermeneutical formation of Islamic legal system.

Full Product Details

Author:   Husain Kassim
Publisher:   Lexington Books
Imprint:   Lexington Books
Dimensions:   Width: 16.20cm , Height: 2.60cm , Length: 23.20cm
Weight:   0.535kg
ISBN:  

9781498512152

ISBN 10:   1498512151
Pages:   264
Publication Date:   31 December 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Chapter One Al-Shafi'i's Concept of Hermeneutics: The Risala and the Role it has played in the hermeneutical Formation of Islamic legal system Chapter Two Hermeneutics in the Genre of Mukhtasar, its Significance, and Emergence in the Formation of Islamic legal system Chapter Three Shafi'i School of Law: Hermeneutics as Reflected in K al-Umm, al-Muzani's Mukhtasar, and al-Shirazi's Tanbih Chapter Four Hanafi School of Law: Hermeneutics as Reflected in al-Tahawi's Mukhtasar, al-Quduri's Mukhtasar, and al-Marghinani's Hidaya in Refrence Chapter Five Hanbali School of Law: Hermeneutics as Reflected in Ahmad ibn Hambal's Masa'il Collections and al-Khiraqi's Mukhtasar Chapter Six Maliki School of Law: Hermeneutics as Refleced in Khalil's Mukhtasar Chapter Seven Differences of Opinion in Different Schools of Law from the Hermeneutical Perspective

Reviews

Husain Kassim elegantly shows the role and extent of textual hermeneutics in the Mukhtasar, the systematizing, summarizing and interpreting texts of Islamic law from the early days of Islamic jurisprudence. Kassim's detailed and careful analysis demonstrates the interpretive and linguistic mechanisms of thought and meaning at work between the Qur'an, the Hadith and Mukhtasar, which enables the application of legal and moral principles for specific circumstances and contexts. This book will be of interest not only to scholars of Islamic law, but also to historians and theorists of textual, legal, and religious hermeneutics. -- Bruce Janz, University of Central Florida

Author Information

Husain Kassim is emeritus associate professor, University of Central Florida.

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