An Introduction To Islamic Law Wael Hallaq Pdf

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An Introduction To Islamic Law Wael Hallaq Pdf

The book “An Introduction to Islamic Law” is an introduction to the law and legal system of Islam as a whole. In this book, the author provides a comprehensive and in-depth analysis of the foundations, sources, principles and structure of Islamic law. The book also provides a critical analysis of the legal rules governing the areas of jurisdiction, procedure and enforcement. The book also offers an analysis of the relationship between the various aspects of Islamic law and other fields of knowledge such as philosophy, sociology, economics and politics.

The book is divided into two parts. In Part I, Hallaq discusses the basic concepts and principles of Islamic law. This section deals with the origin, development, theory and practice of Islamic law. The author discusses various aspects of Islamic law including its historical roots; its relationship to other systems such as civil law and international law; its relationship to international human rights; its relationship to international humanitarian law; its relationship to Islamic political systems; its relationship to natural resources; its relationship to water rights; its relationship to land rights; its relationship to property rights; its relationship to intellectual property rights; its relationship to labor laws; its

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An Introduction To Islamic Law Wael Hallaq Pdf

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Wael Hallaq

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Introduction to islamic law by wael b hallaq, an introduction to islamic law by wael b hallaq , an introduction to islamic law by wael b hallaq starting at $3299 an introduction to islamic law has 1 available editions to buy at alibris uk.

Book review: introduction to islamic law – rahmatullah qasmi, the book under review makes a very important contribution in understanding the structure of the islamic legal system and the principles of its jurisprudence.

An introduction to islamic law / edition 1 by wael b, available in: paperback this book offers an authoritative overview of the origins and evolution of islamic law from its inception in seventh-century arabia.

I originally started one of Hallaq’s other books: ‘The Impossible State’, but the author recommended in its introduction that the present work should be read first in order to grasp the arguments presented in that book more fully. Thus I switched to ‘An Introduction to Islamic Law’ which is equal parts explanation of the working of the Muslim Legal system and a historical survey of how that legal system was established and developed during the last fourteen centuries. Throughout the book, Hallaq constantly emphasises the unique nature of Islamic Law as compared to the modern legislation process i.e the non-interference of the muslim government in both legislating and administrating the laws that were derived from the religious sources by the scholars and the jurists. Such a concept is completely alien to the modern nation state where laws(as opinions of the jurists) are not adopted rather are enacted by popular majority and administered by the government. Hallaq uses this fundamental difference to argue that in a modern nation state, it is impossible to establish a legal system on the lines of the traditional Islamic legal system. He supplements his case by using the examples of The Safavid and the Ottoman empires and how they were forced to change their legal systems in the face of the challenges that modernity and the European incursion posed. These case studies also chart the painful decline of the Islamic legal system and the disappearance of the flexibility, diversity and adaptability that were its hallmarks, traits which allowed it to flourish over vastly different areas and times. All this make it a delightful read for anybody interested in the working and history of the classical Islamic Legal tradition. 

A fascinating overview of Islamic law’s transformation through the Columbia school’s signature post-colonial and postmodern lens. Hallaq deconstructs the concept of “law” and concludes that Islamic law as a historical phenomenon ought to be understood as an anthropological phenomenon of the pre-modern period, and wholly different from the modern phenomenon of making it something codified and promulgated by the state. That is, he suggests that we view Islamic law as a particular interpretive process where certain doctrines were applied to resolve a problem. Whereas legal pluralism and flexibility had always been hallmarks of the trade until the colonial era, the colonial powers pushed for codification and legal reform that stripped the process of its abilities to adapt to circumstances. Diverse opinions were homogenized for the sake of efficacy in ruling and subjecting the population.

This little book is well-written and has a lot of fascinating details about the theory, history, and procedural processes and took some time to go through.

“If the way to the law is through the state, then Islamic law can never be restored, reenacted or refashioned (by Islamists or ulama of any type or brand) without the agency of the state. More importantly, none of these restorative options can be realized without the contaminating influence of the state, rendering extinct the distinctiveness of pre-modern Shariʿa as a non-state, community-based, bottom-up jural system. This distinctiveness would be impossible to replicate. In the modern state, politics and state policy mesh with law, creating a powerful ideological and cultural technology as well as producing other potent instruments that are wielded in the service of the state in fashioning and refashioning the social order, whose habitus is precisely that machinery which produces the citizen.

And so when the Shariʿa (however imagined) is reasserted in any Muslim country, as happened, for instance, in Iran in 1979 and thereafter, the entexted conception combines with another conception of state-appropriated law to produce an aberrancy, one whose domestic advocates (seeking legitimacy) and external foes (seeking condemnation of Islamic revolutionary regimes) are equally happy, though for entirely different reasons, to call what ensues ‘Shariʿa’.”

About An Introduction To Islamic Law Author

Wael B. Hallaq is a scholar of Islamic law and Islamic intellectual history. His teaching and research deal with the problematic epistemic ruptures generated by the onset of modernity and the socio-politico-historical forces subsumed by it; with the intellectual history of Orientalism and the repercussions of Orientalist paradigms in later scholarship and in Islamic legal studies as a whole; and with the synchronic and diachronic development of Islamic traditions of logic, legal theory, and substantive law and the interdependent systems within these traditions.

Hallaq’s writings have explored the structural dynamics of legal change in pre-modern law, and have recently been examining the centrality of moral theory to understanding the history of Islamic law. His books include Ibn Taymiyya Against the Greek Logicians (1993); A History of Islamic Legal Theories An Introduction to Sunni Usul al-fiqh (1997); Authority Continuity and Change in Islamic Law (2001); and An Introduction to Islamic Law (2009). Shari‘a: Theory, Practice, Transformations (2009) examines the doctrines and practices of Islamic law within the context of its history, from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. Hallaq’s work has been widely read, and translated into Arabic, Persian, Turkish, Japanese, Indonesian and Hebrew.

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