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Authority, Continuity and Change in Islamic Law


ISBN13: 9780521803311
ISBN: 0521803314
Published: February 2001
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9780521023931



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics.

The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigor and innovation.

Subjects:
Other Jurisdictions , Islamic Law
Contents:
1. Juristic typologies: a framework for enquiry
2. Early ijtihad and the later construction of authority
3. The rise and augmentation of school authority
4. Taqlid: authority, hermeneutics and function
5. Operative terminology and the dynamics of legal doctrine
6. The jurisconsult, the author-jurist and legal change
Summary and conclusions.