عنوان

Doubt in Islamic Law

(Number (ISBN

:9781107080997

Number

985765

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

Doubt in Islamic Law

General Material Designation

[book]

Other Title Information

: A History of Legal Maxims, Interpretation, and Islamic Criminal Law

First Statement of Responsibility

\ Intisar A. Rabb, Harvard Law School.

Place of Publication, Distribution, etc.

New York, NY

Name of Publisher, Distributor, etc.

: Cambridge University Press

Date of Publication, Distribution, etc.

, 2015

Specific Material Designation and Extent of Item

xiii, 414 pages

Series Title

Cambridge Studies in Islamic Civilization

Text of Note

Index

Text of Note

Bibliography

Text of Note

Machine generated contents note: Introduction; Part I. Islamic Institutional Structures and Doubt, First/Seventh-Tenth/Sixteenth Centuries; 1. The God of severity and lenity; 2. The rise of doubt; Part II. Morality and Social Context, First/Seventh-Fifth/Eleventh Centuries; 3. Hierarchy and hudud laws; 4. Doubt as moral concern; Part III. The Jurisprudence of Doubt, Second/Eighth-Tenth/Sixteenth Century; 5. Early Doubt as an element of Islamic criminal law; 6. Sunni Doubt; Substantive, procedural, and interpretive doubt; Part IV. Interpretive authority, second/eighth-tenth/Sixteenth centuries; 7. Against Doubt; Strict textualism in opposition to doubt; 8. Shi'i Doubt, Dueling theories of delegation and interpretation; Conclusion: Doubt in comparative and contemporary context.

0

Text of Note

"This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century"--

Text of Note

"This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt"--

Entry Element

Crime law ( Islamic law )

Entry Element

Belief and doubt

Entry Element

حقوق جزا ( فقه )

Entry Element

شک و ایمان

Form Subdivision

-- Interpretation and construction

Form Subdivision

-- تفسیر و استنباط

a03

a05

a03

a05

Legal certainty

Legal maxims (Islamic law)-- History.

Number

Edition

Class number

Book number

Class number

System Code

Rabb, Intisar A.

Date of Transaction

20160915122407.0

Cataloguing Rules (Descriptive Conventions))

rda

BL

270410

1

Y

حقوق جزا ( فقه ) -- تفسیر و استنباط

Crime law ( Islamic law ) -- Interpretation and construction