SOAS Research Online

Abstract

Islamic legal theory (usūl al-fiqh) is literally regarded as ‘the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī‘ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject. Contents: Introduction; Part I Nature of Islamic Law: Islamic law: an overview of its origin and elements, I. Abdal-Haqq; Islamic law as Islamic ethics, A.K. Reinhart; Understanding Islamic law in theory and practice, M.A. Baderin. Part II Sources of Islamic Law: Groundwork of the moral law: a new look at the Qur’an and the genesis of Shari’a, W.B. Hallaq; Law in the Qur’an: a draft code, T. Mahmood; Some reflections on the contextualist approach to ethico-legal texts of the Quran, A. Saeed; A revaluation of Islamic traditions, J. Schacht; On the origins of Shi’I Hadith, R.P. Buckley; The role of culture in the creation of Islamic law, J. Hursh. Part III Methods of Islamic Law: Al-Shafi’s’s role in the development of Islamic jurisprudence, A. Hasan; The concept of Ijma’ in Islamic law: a comparative study, R.A. Abd Rahim; Non-analogical arguments in Sunni juridical qiyas, W. Hallaq; Illa and qiyas in early Islamic legal theory, N. Shehaby. Part IV Principles of Islamic Law: The maslaha (public interest) and ‘illa (cause) in Islamic law, M. Khadduri; Maslaha in contemporary Islamic legal theory, F. Opwis; Legal logic and equity in Islamic law, G. Makdisi; Maqasid al-Shari’ah: the objectives of Islamic law, M.H. Kamali; Cut and paste in legal rules: designing Islamic norms with talfiq, B. Krawietz; Muslim custom and case law, N.J. Coulson; Qawa’id al-Fiqh: the legal maxims of Islamic law, M.H. Kamali. Part V Legal Reasoning (Ijtihad): Interpretation in Islamic law: the theory of ijtihad, B. Weiss; The closing of the door of ijtihad and the application of the law, F. Vogel; A critical analysis of the role of ijtihad in legal reforms in the Muslim world, R.A. Codd; Ijtihad in contemporary Shiism: transition from individual-oriented to society-oriented, H. Mavani; Name index.