Doubt in Islamic Law

A History of Legal Maxims, Interpretation, and Islamic Criminal Law

AvIntisar A. Rabb

Inbunden, Engelska, 2014

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Beskrivning

This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

Produktinformation

Utgivningsdatum:2014-12-31
Mått:155 x 229 x 30 mm
Vikt:750 g
Format:Inbunden
Språk:Engelska
Serie:Cambridge Studies in Islamic Civilization
Antal sidor:432
Förlag:Cambridge University Press
ISBN:9781107080997

Utforska kategorier

Straffrätt: process och brott inom Juridik
Rättssystem inom Juridik

Mer om författaren

Intisar A. Rabb is Professor of Law at Harvard Law School and the director of its Islamic Legal Studies Program. She also holds an appointment as a Professor of History and as Susan S. and Kenneth L. Wallach Professor at the Radcliffe Institute for Advanced Study at Harvard University, Massachusetts.

Recensioner i media

'In her extremely detailed book, Intisar A. Rabb traces the formation of the legal maxim of doubt in Islamic criminal law from the seventh until the eleventh century (CE) within both the Sunni and Shi'i legal traditions … Rabb's book offers an important contribution to the study of Islamic law. She has shown how the Muslim legal elite, even the eponymous Sunni jurists and their immediate successors, were individual human agents with a pragmatic bent, and as such their juridical thinking was shaped by complex and diverse goals such that they never arrived at a uniform definition of doubt. Neither did they limit themselves to a specific canon of 'texts' in order to develop an increasingly sophisticated jurisprudence of doubt by the eleventh century.' Nurfadzilah Yahaya, Society for Contemporary Thought and the Islamicate World Review

Innehållsförteckning

Introduction; Part I. Institutional Structures and Doubt, Seventh–Sixteenth Century CE: 1. The God of severity and lenity; 2. The rise of doubt; Part II. Morality and Social Context, Eighth–Eleventh Century CE: 3. Hierarchy and hudud laws, eighth–ninth century CE; 4. Doubt as moral discomfort, tenth–eleventh century CE; Part III. The Jurisprudence of Doubt, Eighth–Sixteenth Century CE: 5. Doubt as an element of Islamic criminal law, eighth–eleventh century CE; 6. Substantive, procedural, and interpretive doubt, eleventh–sixteenth century CE; 7. Strict textualism as a limitation on doubt: Sunni opponents, eighth–eleventh century CE; 8. Dueling theories of delegation and interpretation: Shi'i doubt, tenth–sixteenth century CE; Conclusion: doubt in comparative and contemporary context.