Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law In Maqasid Al-Shari'ah as Philosophy of Islamic Law: A Systems Approach (The International Institute of Islamic Thought 2022), Jasser Auda (Research Center for Islamic Legislation and Ethics, Qatar) proposes a new theory to categorize theories for Islamic law. In "A seat at the table: Islamic laws neglected potential in universalising … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law In "Insight: the legal and regulatory framework governing Islamic finance and markets in Malaysia" (Lexology, October 19, 2022) Murni Zuyati Zulkifli Aziz and Rodney Gerard D'Cruz (Adnan Sundra & Low) predict that "[w]ith the government's determination to focus on its Shared Prosperity Vision 2030 to promote Malaysia as an Islamic … Continue reading Weekend Scholarship Roundup

The Content of Commentaries

By Felicitas Opwis In the previous post I mentioned the vibrant commentary tradition on Abū Shujāʿ’s compendium of Shāfiʿī law, which indicates that Muslim scholars deemed it necessary to comment on the past, making it relevant to their present and incorporating whatever changes have occurred or were deemed desirable. It also allows us to gain … Continue reading The Content of Commentaries

Uncommon Common Sense: What We May Never Know About Mutʿa Marriage

By Rami Koujah This post is part of a series of posts on the latest publication in our Harvard Series in Islamic Law, Hossein Modarressi’s Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law. This series of posts take a deeper dive into the book, which examines the main characteristics of the … Continue reading Uncommon Common Sense: What We May Never Know About Mutʿa Marriage

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law" (Religions 13 (2022)), Abdulla Galadari (Khalifa University of Science and Technology, Abu Dhabi) argues that "it would not be unreasonable to argue that 'ijtihād' has supremacy in Islamic law, giving some flexibility to Muslim communities in … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Modern money and Islamic banking in the light of Islamic law of riba" (International Journal of Finance & Economics (2020)), Muhammad Zahid Siddique (National University of Sciences and Technology, Pakistan) asserts that "[r]iba is not merely a matter of eliminating the institution of interest from economic system, it is about eliminating … Continue reading Weekend Scholarship Roundup

Tools for Interpreting Ḥadīth in Shaybānī’s Ḥujja

By Issam Eido This is part four in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. Kitāb al-Ḥujja ʿalā Ahl al-Madīna is one of several books attributed to the judge Muḥammad ibn al-Ḥasan al-Shaybānī.[1] Early Ḥanafī biographical dictionaries used to classify early Ḥanafī … Continue reading Tools for Interpreting Ḥadīth in Shaybānī’s Ḥujja

Canons: Specific and General aṣl

By Issam Eido This is part three in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. Before the emergence of the canonical ḥadīth books, courts served as one of the main factors in the formative period in impacting the concept of fiqh and … Continue reading Canons: Specific and General aṣl

Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

By Issam Eido This is part two in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. There are many legal canons (uṣūl or qawāʿid fiqhiyya) pertaining specifically to court evidence, procedure, or conduct, such as “the burden of proof is on the claimant … Continue reading Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law

By Issam Eido This is part one in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. In this series of four essays, I examine briefly the interpretive standards that were followed by early Ḥanafīs for analyzing, verifying, or rejecting ḥadīth. The first essay discusses the significance … Continue reading Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law