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Visions of Sharīʿa: Contemporary Discussions in Shī ͑ī Legal Theory

Visions of Sharīʿa: Contemporary Discussions in Shī ͑ī Legal Theory

Author: Ali-reza Bhojani; Laurens de Rooij; Michael Bohlander
Publisher: Brill Academic Publishers
ISBN: 9789004378384
Published In: December 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,489.60

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Description
Contents

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In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.

Foreword

About the contributors

Visions of Sharīʿa: An Introduction - Ali-Reza Bhojani

Ch.

1: The Reception of Factuality (taṣwīb) Theories of Ijtihād in Modern Shī ͑ī Uṣūlī Thought - Seyyed Mostafa Mohaghegh Damad

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2: Reassessing the Pivotal Role of Certainty in Modern Shīʿī Uṣūlī Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Sharīʿa Precepts - Hashim Bata

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3: The Role of the Quran in Legal Reasoning (Ijtihād): A Shī ͑ī Perspective - Rahim Nobahar

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4: From Theory to Practice: Case Law as an Additional and Evidentiary Holistic Tool for the Derivation and Operation of Law in Shīʿī Uṣūl al-Fiqh - Imranali Panjwani

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5: Strategic Juristic Omission and The Non-Muslim Blood Price: An Examination of Shīʿī Fiqh and Practice - Haider Ala Hamoudi

Ch.

6: Towards the Hermeneutics of a Justice-oriented Reading of Sharīʿa - Ali-Reza Bhojani

Ch.

7: Maqāṣid al-Sharīʿa Discourse in Contemporary Shīʿī Jurisprudence - Hassan Beloushi

Epilogue - Robert Gleave

Appendix: al-Sayyid ͑Alī al-Ḥusaynī al-Sīstānī on Uṣūl al-fiqh in Twelver Shi’i thought: its importance and historical phases - Ali-Reza Bhojani

Index