This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism.
Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought.
With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
TABLE OF CONTENTS
Chapter II: What type of law is Islamic law? Khaled Abou El Fadl
Part I: Jurisprudence and ethics. Khaled Abou El Fadl, Ahmad Atif Ahmad
Chapter 2: “God cannot be harmed”: On Ḥuqūq Allah/Ḥuqūq al-ʿIbād continuum. Wael Hallaq
Chapter 3: Balancing this world and the next: Obligation in Islamic law and jurisprudence. Omar Farahat
Part II: History and interpretation: Scholars. Khaled Abou El Fadl, Ahmad Atif Ahmad
Chapter 8: Qadis and muftis: Judicial authority and the social practice of Islamic law. Delfina Serrano Ruano
Chapter 9: Ijmāʿ, consensus. Ahmad Atif Ahmad
Chapter 10: Superior argument. Ahmad Atif Ahmad
Chapter 11: Maqa‐ṣid al-Shariʿah. Felicitas Opwis
Chapter 12: Legal pluralism in Sunni Islamic law: The causes and functions of juristic disagreement. Ahmed Fekry Ibrahim
Chapter 14: Ijtihād and taqlīd: Between the Islamic legal tradition and autonomous western reason. Sherman A. Jackson
Part III: History and interpretation: Society and politics. Khaled Abou El Fadl, Ahmad Atif Ahmad
Chapter 15: Legal traditions of the “Near East”: The pre-Islamic context. Lena Salaymeh
Chapter 16: The place of custom in Islamic law: Past and present. Ayman Shabana
Chapter 17: Jihad, sovereignty and jurisdiction: The issue of the abode of Islam. Ahmed Al-Dawoody
Chapter 19: Family law and succession. Irene Schneider
Part IV: State and power. Khaled Abou El Fadl, Ahmad Atif Ahmad