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

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

Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

By Ayman Shabana One of the important reasons why the use of the term “Islamic law” as the English counterpart for sharīʿa is problematic has to do with the conceptualization of the relationship between law and ethics in Islam. In the modern period, the term “law” is often understood as positive, secular, or man-made law, … Continue reading Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

Nābulsī and Talfīq

By Aaron Spevack Source: Al-Nābulsī, Khulāṣah al-Taḥqīq fī Bayān Ḥukm al-Taqlīd wa al-Talfīq: Chapter 6: Regarding the elucidation of the ruling on talfīq. Nābulsī begins his chapter with the division of people into mujtahids and non- mujtahids. Mujtahids are further divided into absolute (unrestricted) and restricted mujtahids. An absolute mujtahid can not follow the opinion … Continue reading Nābulsī and Talfīq

Al-Qarāfī’s collection of legal distinctions

By Mariam Sheibani Source: Al-Qarāfī, Shihāb al-Dīn. Kitāb al-furūq aw Anwār al-burūq fī anwāʿ al-furūq. 3rd ed. Edited by Muḥammad Sarrāj and ʿAlī Jumuʿa. 2 vols. Cairo: Dār al-Salām, 2010. General Description: This excerpt comprises the seventy eighth ‘legal distinction’ in Qarāfī’s collection of legal distinctions (furūq). Legal distinctions are a subset of legal maxims, … Continue reading Al-Qarāfī’s collection of legal distinctions

The Role of Maqāṣid in Ijtihād

By Mohammad A. Abderrazzaq Primary Source book: Princeton collection version of Vol. 4 of Shāṭibī, Ibrahīm ibn Mūsa. al-Juzʼ al-awwal [-al-rābiʿ] min kitāb al-muwāfaqāt. Tūnis: Maṭbaʻat al-Dawlah al-Tūnisiyyah, 1302 [1884]. It is housed under the Princeton University Arabic collection, cn. 9402587.01.; Princeton University Arabic collection., Phase II. https://babel.hathitrust.org/cgi/pt?id=njp.32101076413028;view=1up;seq=28 Area: Maqāṣid Topic: The Role of Maqāṣid … Continue reading The Role of Maqāṣid in Ijtihād

Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

This entry provides a definition and analysis of the term ijtihād, drawing on works by SHARIAsource Senior Scholar Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and Professor of Religion and American Studies and Ethnicity at the University of Southern California. Context When Islamic law was in its infancy, scholars relied solely on … Continue reading Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

This entry provides a definition and analysis of the term ijtihād, drawing on works by SHARIAsource Senior Scholar Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and Professor of Religion and American Studies and Ethnicity at the University of Southern California. Context When Islamic law was in its infancy, scholars relied solely on a method … Continue reading Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

Scholarship in “Plain English”: Sherman Jackson on Taqlīd and the Evolution of Islamic Legal Reasoning

By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory Muṭlaq and ʿĀmm in the Jurisprudence of Shihāb al-Dīn al-Qarāfī, [Islamic Law and Society 3, no. 2 (1996): 165–92], Islamic Law Blog (Mar. 2017) Summary Scholars currently disagree about the origins and … Continue reading Scholarship in “Plain English”: Sherman Jackson on Taqlīd and the Evolution of Islamic Legal Reasoning