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Book

A History of Islamic Law

Book

A History of Islamic Law

DOI link for A History of Islamic Law

A History of Islamic Law book

A History of Islamic Law

DOI link for A History of Islamic Law

A History of Islamic Law book

ByN. J. Coulson
Edition 1st Edition
First Published 1964
eBook Published 25 October 2017
Pub. Location New York
Imprint Routledge
DOI https://doi.org/10.4324/9781315083506
Pages 272
eBook ISBN 9781315083506
Subjects Area Studies
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Coulson, N.J. (1964). A History of Islamic Law (1st ed.). Routledge. https://doi.org/10.4324/9781315083506

ABSTRACT

Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

TABLE OF CONTENTS

chapter |8 pages

Introduction

The Role of Legal History in Muslim Jurisprudence

part One|66 pages

The Genesis of Sharī‛a Law

chapter 1|12 pages

Qur’ānic Legislation

chapter 2|15 pages

Legal Practice in the First Century of Islam

chapter 3|17 pages

Jurisprudence in Embryo: The Early Schools of Law

chapter 4|9 pages

Master Architect: MuḤammad Ibn-IdrĪs Ash-ShĀfi‛Ī

chapter 5|13 pages

Concluding Stages of Growth

part Two|74 pages

Legal Doctrine and Practice in Mediaeval Islam

chapter 6|11 pages

The Classical Theory of Law

chapter 7|17 pages

Unity and Diversity in SharĪ‛a Law

chapter 8|17 pages

Sectarian Legal Systems in Islam

chapter 9|15 pages

Islamic Government and Sharīīa Law

chapter 10|14 pages

Islamic Society and Sharī‛a Law

part Three|69 pages

Islamic Law in Modern Times

chapter 11|14 pages

Foreign Influences: The Reception of European Laws

chapter 12|19 pages

Administration of Sharī‛a Law in Contemporary Islam

chapter 13|20 pages

Taqlīd and Legal Reform

chapter 14|16 pages

Neo-IjtihĀd

chapter |9 pages

Conclusion

Religious Law and Social Progress in Contemporary Islam
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