Download The search for God's law: Islamic jurisprudence in the by Bernard G Weiss PDF

By Bernard G Weiss

Students praised the 1992 version of the hunt for God’s legislation as a groundbreaking highbrow therapy of Islamic jurisprudence. Bernard Weiss’s revised variation brings to lifestyles Sayf al-Din al Amidi’s vintage exposition of the methodologies by which Muslim students have built their understandings of the divine legislations. Weiss’s new advent presents an outline of Amidi’s jurisprudence that allows deeper comprehension of the not easy dialectic of the textual content. This variation comprises an in-depth research of the character of language and the ways that it mediates the legislation, whereas shaping it while. An up to date index has been additional.

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Extra resources for The search for God's law: Islamic jurisprudence in the writings of Sayf al-Dīn al-Āmidī

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Thus a valid sale is one that brings about a transfer of ownership, an invalid sale is one that does not. A valid marriage is one that produces such effects as the right to a dower or to a share in the inheritance, an invalid marriage (for example, a marriage of siblings) is one that does not. Similarly, a valid performance of the salah-prayer is one that discharges the duty of prayer, an invalid performance (for example, an interrupted performance) is one that does not. As for the categories "unaffected by extenuating circumstances" and "affected by extenuating circumstances," these apply generally to acts that are already categorized as obligatory.

Ambiguity, Lucidity, And Diversion to Nonapparent Meaning (Ta'wil) 447 Introductory remarks, 447 Ambiguity: definition of the ambiguous expression, 448 Examples of ambiguity, 450 Whether a statement such as "Forbidden to you is swine-flesh" Page xiii should be considered ambiguous by virtue of its being elliptical, 452 Whether "cut" and "hands" in "Cut off their hands" should be considered ambiguous, 454 Whether an expression's admitting of both a literal and a nonliteral meaning constitutes ambiguity, 456 Whether an expression's admitting of both a technical Sharica-related meaning and an ordinary literal meaning constitutes ambiguity, 456 Lucidity: lucidity as the opposite of obscurity, 457 Definition of bayan and mabayyan: bayan as "elucidation" or "elucidator," 457 Examples of elucidated speech, 459 Whether an act of the Prophet may serve as elucidator, 460 Whether a saying of the Prophet may serve as elucidator, 460 Whether a saying of the Prophet takes precedence over an act of the Prophet as elucidator of an obscure passage or vice versa, 461 Whether an elucidating passage must be equal in probative strength to the passage it elucidates, and whether it should be equal to it in respect to how it categorizes a given act, 462 Whether it is possible for an elucidation of an obscure passage to be delayed until the time when it is needed, 463 Further issues having to do with elucidation, 467 Diversion to Nonapparent Meaning (Ta'wil): definition of zahir: zahir meaning as "apparent" meaning, 470 Definition of ta'wil, 473 How the distinction between haqiqa-expressions and majaz-expressions relates to the discussion of zahir and ta'wil, 476 Legitimacy of ta'wil, 477 Conditions of validity of ta'wil, 477 Issues relating to ta'wil, 478 Chapter Ten.

Consultation and Advice: The Mujtahid as Mufti. 717 Istifta' (consultation) as the primary concern of this chapter, 717 Unjustified consultation (taqlid), 717 The mufti, 718 Who may or may not consult a mufti? 718 Whether questions whose answers lie in the realm of known things may be resolved through consultation, 720 Controversy over consultation of a mujtahid by a commoner, 720 Whether commoners must be certain that those whom they consult have satisfied the qualifications for ijtihad, 722 Whether it is necessary for a mujtahid who has previously engaged in ijtihad on a given problem to undertake a fresh ijtihad, 723 Whether it is possible for any age to be devoid of a mujtahid who can issue fatwas, 723 Whether one who is not a mujtahid may issue a fatwa based on the legal doctrine worked out by others who are mujtahids, 725 Whether a commoner may choose freely between muftis, 726 Whether a commoner who has obtained a fatwa from a Page xviii mujtahid may turn to another mujtahid for a fatwa on the same problem, and whether he has this freedom of operation if he has declared adherence to a particular school (madhhab), 728 Part IV.

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