Khaled Abou El Fadl
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199759880
- eISBN:
- 9780190259921
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199759880.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines potentialities, i.e. the doctrinal aspects in Islamic political thought that could legitimate, promote, or subvert the emergence of a constitutional practice in Muslim cultures. ...
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This chapter examines potentialities, i.e. the doctrinal aspects in Islamic political thought that could legitimate, promote, or subvert the emergence of a constitutional practice in Muslim cultures. These doctrinal potentialities exist in a dormant state until they are co-opted and directed by systematic thought supported by cumulative social practices. The discussions focus on doctrinal potentialities or concepts constructed by the interpretive activity of Muslim scholars (primarily jurists). It covers the notion of constitutionalism and majoritarian democracy; the main concepts of Islamic political thought; justice as a core constitutional value; the instrumentalities of government in Islamic thought; the possibility of individual rights; and constitutionalism and Sharīʻah.Less
This chapter examines potentialities, i.e. the doctrinal aspects in Islamic political thought that could legitimate, promote, or subvert the emergence of a constitutional practice in Muslim cultures. These doctrinal potentialities exist in a dormant state until they are co-opted and directed by systematic thought supported by cumulative social practices. The discussions focus on doctrinal potentialities or concepts constructed by the interpretive activity of Muslim scholars (primarily jurists). It covers the notion of constitutionalism and majoritarian democracy; the main concepts of Islamic political thought; justice as a core constitutional value; the instrumentalities of government in Islamic thought; the possibility of individual rights; and constitutionalism and Sharīʻah.
Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300191158
- eISBN:
- 9780300227567
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191158.001.0001
- Subject:
- Law, Legal History
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few ...
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This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.Less
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
