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Visions of Sharīʻa: Contemporary Discussions in Shi'i Legal Theory

Contributor(s): Material type: TextTextSeries: Studies in Islamic Law and Society ; Vol. 50Publisher: Boston: Leiden; Brill, 2020Description: xi, 228 p., 25 cmISBN:
  • 9789004378384
Subject(s):
Contents:
Visions of sharīʻa : an Introduction : Ali-Reza Bhojani -- The reception of factuality (taṣwīb) theories of Ijtihād in modern uṣūlī Shi'i thought / Seyyed Mostafa Mohaghegh Damad -- Reassessing the pivotal role of certainty in modern Shi'i uṣūlī legal method : a case for accepting a wider range of evidence in the Inference of sharīʻa precepts / Hashim Bata -- The role of the Quran in legal reasoning (Ijtihād) : a Shi'i perspective / Rahim Nobahar -- From theory to practice : the role of the subject in the derivation of rulings and its potential in creating a system of case law for the operation of Shi'i law / Imranali Panjwani -- Strategic juristic omission and the Non-Muslim blood price : an examination of Shi'i fiqh and practice / Haider Ala Hamoudi -- Towards the hermeneutics of a justice-oriented reading of sharīʻa / Ali-Reza Bhojani -- Maqāṣid al-shariʻa discourse in contemporary Shi'i jurisprudence / Hassan Beloushi -- Epilogue / Robert Gleave -- Appendix : al-Sayyid ʻAlī al-Ḥusaynī al-Sīstānī on uṣūl al-fiqh in Twelver Shi'i thought : its Importance and historical phases / Ali-Reza Bhojani
Summary: "In Visions of sharīʻa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shi'i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of sharīʻa in contemporary Shi'i 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 Shi'i 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 sharīʻa"-- Provided by publisher.
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"This collection of papers is the result of a two-day conference held in August 2015 in St Aidan's College at Durham University, organised jointly by the Al-Mahdi Institute in Birmingham and Durham's research group Islam, Law and Modernity (ILM)." --ECIP preface.

Includes bibliographical references and index.

Visions of sharīʻa : an Introduction : Ali-Reza Bhojani -- The reception of factuality (taṣwīb) theories of Ijtihād in modern uṣūlī Shi'i thought / Seyyed Mostafa Mohaghegh Damad -- Reassessing the pivotal role of certainty in modern Shi'i uṣūlī legal method : a case for accepting a wider range of evidence in the Inference of sharīʻa precepts / Hashim Bata -- The role of the Quran in legal reasoning (Ijtihād) : a Shi'i perspective / Rahim Nobahar -- From theory to practice : the role of the subject in the derivation of rulings and its potential in creating a system of case law for the operation of Shi'i law / Imranali Panjwani -- Strategic juristic omission and the Non-Muslim blood price : an examination of Shi'i fiqh and practice / Haider Ala Hamoudi -- Towards the hermeneutics of a justice-oriented reading of sharīʻa / Ali-Reza Bhojani -- Maqāṣid al-shariʻa discourse in contemporary Shi'i jurisprudence / Hassan Beloushi -- Epilogue / Robert Gleave -- Appendix : al-Sayyid ʻAlī al-Ḥusaynī al-Sīstānī on uṣūl al-fiqh in Twelver Shi'i thought : its Importance and historical phases / Ali-Reza Bhojani

"In Visions of sharīʻa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shi'i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of sharīʻa in contemporary Shi'i 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 Shi'i 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 sharīʻa"-- Provided by publisher.

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