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

Author:   Intisar A. Rabb (Harvard Law School, Massachusetts)
Publisher:   Cambridge University Press
ISBN:  

9781107440517


Pages:   430
Publication Date:   02 November 2017
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law


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Author:   Intisar A. Rabb (Harvard Law School, Massachusetts)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.30cm , Height: 2.50cm , Length: 23.00cm
Weight:   0.600kg
ISBN:  

9781107440517


ISBN 10:   1107440513
Pages:   430
Publication Date:   02 November 2017
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction; Part I. Institutional Structures and Doubt, Seventh–Sixteenth Century CE: 1. The God of severity and lenity; 2. The rise of doubt; Part II. Morality and Social Context, Eighth–Eleventh Century CE: 3. Hierarchy and hudud laws, eighth–ninth century CE; 4. Doubt as moral discomfort, tenth–eleventh century CE; Part III. The Jurisprudence of Doubt, Eighth–Sixteenth Century CE: 5. Doubt as an element of Islamic criminal law, eighth–eleventh century CE; 6. Substantive, procedural, and interpretive doubt, eleventh–sixteenth century CE; 7. Strict textualism as a limitation on doubt: Sunni opponents, eighth–eleventh century CE; 8. Dueling theories of delegation and interpretation: Shi'i doubt, tenth–sixteenth century CE; Conclusion: doubt in comparative and contemporary context.

Reviews

'In her extremely detailed book, Intisar Rabb traces the formation of the legal maxim of doubt in Islamic criminal law from the seventh until the eleventh century (CE) within both the Sunni and Shi'i legal traditions ... Rabb's book offers an important contribution to the study of Islamic law. She has shown how the Muslim legal elite, even the eponymous Sunni jurists and their immediate successors, were individual human agents with a pragmatic bent, and as such their juridical thinking was shaped by complex and diverse goals such that they never arrived at a uniform definition of doubt. Neither did they limit themselves to a specific canon of 'texts' in order to develop an increasingly sophisticated jurisprudence of doubt by the eleventh century.' Nurfadzilah Yahaya, Society for Contemporary Thought and the Islamicate World Review


'In her extremely detailed book, Intisar A. Rabb traces the formation of the legal maxim of doubt in Islamic criminal law from the seventh until the eleventh century (CE) within both the Sunni and Shi'i legal traditions ... Rabb's book offers an important contribution to the study of Islamic law. She has shown how the Muslim legal elite, even the eponymous Sunni jurists and their immediate successors, were individual human agents with a pragmatic bent, and as such their juridical thinking was shaped by complex and diverse goals such that they never arrived at a uniform definition of doubt. Neither did they limit themselves to a specific canon of 'texts' in order to develop an increasingly sophisticated jurisprudence of doubt by the eleventh century.' Nurfadzilah Yahaya, Society for Contemporary Thought and the Islamicate World Review 'Even for aficionados of progressive legal interpretation who only dabble in Islamic legal theory, among whom this reviewer is most certainly included, the 'closing of the gates of ijtiha d' is a concept that is known and, for the most part, feared - but Rabb puts a new spin on that understanding.' M. Christian Green, Journal of Law and Religion In her extremely detailed book, Intisar Rabb traces the formation of the legal maxim of doubt in Islamic criminal law from the seventh until the eleventh century (CE) within both the Sunni and Shi'i legal traditions ... Rabb's book offers an important contribution to the study of Islamic law. She has shown how the Muslim legal elite, even the eponymous Sunni jurists and their immediate successors, were individual human agents with a pragmatic bent, and as such their juridical thinking was shaped by complex and diverse goals such that they never arrived at a uniform definition of doubt. Neither did they limit themselves to a specific canon of texts in order to develop an increasingly sophisticated jurisprudence of doubt by the eleventh century. Nurfadzilah Yahaya, Society for Contemporary Thought and the Islamicate World Review 'Even for aficionados of progressive legal interpretation who only dabble in Islamic legal theory, among whom this reviewer is most certainly included, the `closing of the gates of ijtiha d' is a concept that is known and, for the most part, feared - but Rabb puts a new spin on that understanding.' M. Christian Green, Journal of Law and Religion


'In her extremely detailed book, Intisar A. Rabb traces the formation of the legal maxim of doubt in Islamic criminal law from the seventh until the eleventh century (CE) within both the Sunni and Shi'i legal traditions … Rabb's book offers an important contribution to the study of Islamic law. She has shown how the Muslim legal elite, even the eponymous Sunni jurists and their immediate successors, were individual human agents with a pragmatic bent, and as such their juridical thinking was shaped by complex and diverse goals such that they never arrived at a uniform definition of doubt. Neither did they limit themselves to a specific canon of 'texts' in order to develop an increasingly sophisticated jurisprudence of doubt by the eleventh century.' Nurfadzilah Yahaya, Society for Contemporary Thought and the Islamicate World Review 'Even for aficionados of progressive legal interpretation who only dabble in Islamic legal theory, among whom this reviewer is most certainly included, the 'closing of the gates of ijtihād' is a concept that is known and, for the most part, feared - but Rabb puts a new spin on that understanding.' M. Christian Green, Journal of Law and Religion


Author Information

Intisar A. Rabb is Professor of Law at Harvard Law School and the director of its Islamic Legal Studies Program. She also holds an appointment as a Professor of History and as Susan S. and Kenneth L. Wallach Professor at the Radcliffe Institute for Advanced Study at Harvard University, Massachusetts.

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