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The Rise of Critical Islam: 10th-13th Century Legal Debate

The Rise of Critical Islam: 10th-13th Century Legal Debate

Author: Youcef Soufi
Publisher: Oxford University Press
ISBN: 9780197685006
Published In: June 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munāẓara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Isḥāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice.

Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.

Introduction

Part I:

Chapter 1: Mourning Loss Through Debate: Pious Critique and its Limits

Chapter 2: The Emergence of Pious Critique: a Genealogy of "Munazara"

Chapter 3 "Why do We Debate?": Uncovering Two Discursive Foundations for Disputation

Part II:

Chapter 4: Debating the Convert's Jizya: How the Madhhab Enabled Ijtihad

Chapter 5: Forced Marriage in Shafi'i Law: Revisiting School Doctrine

Chapter 6: The Case of the Mistaken Prayer Direction: Debating Indeterminate School Doctrine

Part III:

Chapter 7: The End of Critical Islam?: Shafi'ism and Temporal Decay