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Abou El Fadl Khaled, Ahmad Ahmad Atif, Hassan Said Fares (Eds.). Routledge Handbook of Islamic Law. Routledge,2019. — 466 p.. 2019

When seen as ‘law’, what we call ‘Islamic law’ started as something of an academic en­deavour in a small number of cities in the second/eighth and third/ninth centuries in the Muslim world. Kufa and Baghdad in Iraq, and Medina in the western end of Arabia, were paramount among the cities. A westward movement allowed cities such as Fustat in Egypt and Qayrawan in Tunisia to make their mark on it, and a movement eastwards added con­tributors from Balkh in Afghanistan and from Samarqand and Chach (Tashkent since the fourth/tenth century) in Uzbekistan. Islamic law’s authorities also lived in Sicily (where Abu Abdillah al-Mazari (536/1141) grew up), Lisbon, Portugal, (where Ibn 'Abd al-Barr (d. 463/1071) served as a judge) and Qurtuba, Spain, where some of the greatest lawyer/ philosophers lived. Over a millennium after its inception, Islamic law engaged minds the world over and continues, to date, to assert its status as the ‘common law’ of the Middle East (as Chibli Mallat has it). In its distant and recent history, it interacted with old and new forms of knowledge in areas as far apart as medicine, moral philosophy, economic sciences, history and epistemology, and the sciences of government and modern legal sciences. The diversity of contributors to this volume reflects the diversity of the subject and its potential, as opposed to the particular proclivities of certain authors.

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Contents
List of contributors
Notes on transliteration
Approaches and the state of the field
II What type of law is Islamic law?
Khaled Abou El Fadl, Editor* of inheritance and family law.
In addition, in response to domestic political pressure, several Muslim countries in the 1970s and 1980s attempted to Islamize their legal systems by amending commercial or criminal laws in order to make them more consistent with purported Islamic legal doctrine.
Whither Islamic Law?
Nature and purpose of Islamic law
The sources of Islamic law
Diversity and pluralism in Islamic law
The sacred andprofane in Islamic law
The rights of God and human beings
What happened to the classical Islamic legal system?
What is Islamic law?
Part I Jurisprudence and ethics Shariah, natural law and the original state
Ahmed Izzidien
Introduction
The unexpected journey
Does the boy have religion?
The polity and humankind on the island
2 ‘God cannot be harmed'
3 Balancing this world and the next Obligation in Islamic law and jurisprudence
Omar Farahat
The concept of legal obligation is as ubiquitous as it is puzzling.
The concept of obligation in classical jurisprudence
The range of obligations in classical fiqh
Conclusion
Divine command ethics in the Islamic legal tradition
Mariam al-Attar
This chapter aims to understand the ways in which revelation and divine injunctions have been conceived and implemented by Muslim scholars, who sought to establish norms for deciding the right action and conduct.
Divine command ethics vs. natural law theories
Contextual backgrounds and necessary clarifications
Common morality theory (CMT) vs. divine command ethics
Late Ash'arites and divine purposes ethics
Islamic law and bioethics*
Ayman Shabana
Bioethics is a relatively new term that emerged during the second half of the 20th cen­tury to signify moral reflection and reasoning in the realm of the life sciences.
Juristic discourses on medical issues
Islamic law and conceptualization of modern bioethics
Issues in Islamic bioethics
Conclusion
Part II History and interpretation
The Qur’an and the Hadith as sources of Islamic law
Amr Osman
The primary legal sources in the classical Sunni view of Islamic law are the Quran and the Prophet Muhammad’s Sunnah/Hadith.
The Qur’an and the Sunnah/Hadith: definition, authenticity, status and authority
The hermeneutics of the Qur’an and the Hadith
The Qur’an and the Hadith in action: the case of Q. 5:38
Conclusion
The emergence of the major schools of Islamic law/madhhabs
Labeeb Ahmed Bsoul
From prior to the first quarter of the second century to the mid-third century AH (eighth­ninth century AD), reports and transmitted legal opinions reflected variant legal rulings.
The first leading jurisprudent: Abu Hanifa al-Nu‘man (150/767)
The second leading jurisprudent: Malik b. Anas (d. 179/795)
The third leading jurisprudent: Muhammad b. Idris al-Shafi'i (d. 204/819)
The fourth leading jurisprudent: Jafar al-Sadiq (148/765)
The fifth leading jurisprudent: 'Abd al-Rahman al-Awzal (157/791)
The sixth leading jurisprudent: Sufyan b. Said al-Thawri al-Kufi (162/778)
The seventh leading jurisprudent: al-Layth b. Sa‘d al-Misri (175/791)
The eighth leading jurisprudent: Ahmad b. Hanbal al-Shaybani (241/855)
The ninth leading jurisprudent: Ibrahim b. Khalid al-Baghdadi (d. 240/854)
The tenth leading jurisprudent: Dawud al-Zahiri (270/883)
8 Qadis and muftis
Judicial authority and the social practice of Islamic law
Delfina Serrano Ruano
Qadis and muftis play an essential role in realizing the duty to ensure justice in this world and salvation in the next through interpreting, adapting and implementing the mandates of Islamic sacred law (Shari ‘ah) for the community of believers and in its name.
Definitions, sources and state of the art
Qadis and muftis in chronological perspective
9 IjmcT, consensus
Ahmad Atif Ahmad
Without consensus among scholars or professionals in any area of expertise, very little can be achieved. Each social community also needs a few points about which all agree and no one argues.
Theory
Modernity
10 Superior argument
Ahmad Atif Ahmad
The inquiry on al-ta'adul wa-l-tarjih or al-ta‘arud wa-l-tarjih in Islamic theoretical jurispru­dence addresses, in general terms, what jurists should do when they encounter in their legal research what appear to be conflicting arguments of equal strength.
A very, very brief history
The medieval abrogation and the modern temporal conflict of laws
Zooming in on the modern
The idea of an appellate system
So, what have we learned?
11 Maqasid al-Shari‘ah
Felicitas Opwis
Introduction
Defining the purposes of the law and their role in law finding in the pre-modern period
Interpreting the purposes of the law in the modern period
Concluding reflections
12 Legal pluralism in Sunni Islamic law
The causes and functions of juristic disagreement
Ahmed Fekry Ibrahim
Introduction
Causes of legal pluralism
Debates about the validity of legal pluralism in legal theory
Functions of legal pluralism
Approaches to legal pluralism in substantive legal discourse
Conclusion
13 Interpreting Islamic law through legal canons
Intisar A. Rabb
Introduction: the study of legal canons (Qawa id fiqhiyya)
Origins and sources of Islamic legal canons
Major categories of Islamic legal canons
New directions for the study of Islamic legal canons
14 Ijtihad and taqlTd
Between the Islamic legal tradition and autonomous western reason
Sherman A. Jackson
To the memory of Shaykh Hasan Salim Hasan Salih
Autonomous reason’s rise to primacy in the modern West was a complicated affair.
Two theses
A third thesis (and its critique)
An unexplained reversal
TaqlTd between epistemic and mimetic authority
Conclusion
Part III History and interpretation
Society and politics
Legal traditions of the 'Near East'
The pre-Islamic context
Lena Salaymeh
Introduction
Limitations of conventional historiography
Law and the state in ‘Near Eastern' legal culture
Orthodox Islamic sources
Conclusion
The place of custom in Islamic law
Past and present
Ayman Shabana
Introduction
Conceptualization of custom
Shari'ah and custom in the formative period
Custom in the legal tradition: classifications, authority and applications
ShaiTah and custom in the modern period
Jihad, sovereignty and jurisdiction
The issue of the abode of Islam
Ahmed Al-Dawoody
Introduction
Justification for jihad
Divisions of the world
Sovereignty and jurisdiction
Conclusion
18 Fiqh al-aqalliyyat and Muslim minorities in the West
Said Fares Hassan
New minority developed
New fiqh created
19 Family law and succession
Irene Schneider
Introduction
Sexuality: male, female, third gender
Marriage and marriage dissolution
Succession
Summary
20 Islamic law and the question of gender equality
Ziba Mir-Hosseini
Introduction
Gender in Islamic legal tradition
Musawah: scholarship and activism
Justice and equality: changing and contested concepts
Conclusion
Part IV State and power
21 Islamic law and the state in pre-modern Sunni thought
Ovamir Anjum
Introduction
Key concepts
Development of political and legal institutions
Conclusion
22 Concept of state in Shi'i jurisprudence
Amirhassan Boozari
Background: Sistani and the recent case of Iraq
Imamate
Nature of Imamte in Shi'i jurisprudence: wilaya
The Imams and politics
Wilayat al-faqTh and the issue of jurists' expanded authority in the absence of the Imam
23 Codification, legal borrowing and the localization of ‘Islamic law'
Guy Burak
This chapter seeks to explore the nature and implications of the codification(s) of Islamic law.
The quest for a code
Legal borrowing?
Codification and the localization of Islamic law
Conclusion: codification, centralization and marginalization of ‘Islamic law'
24 Modern Islamic constitutional theory
Andrew F. March
Introduction
A brief history of modern Islamic constitutional theory
The basic contours of modern Islamic constitutional theory
The core ambiguity of modern Islamic constitutionalism: the scope and authority of human-made legislation
25 Islam, constitutionalism and democratic self-government
Mohammad H. Fadel
Introduction
Sunni political theology and the problem of political ordering
Governance among equals, agency and the contract of the caliphate as constitutional government
Islamic law and the state
Agency, accountability of public officials and the conditions of valid administrative law making
I implications of the Sunni constitutional theory for modern Muslim-majority states
26 Terrorism, religious violence and the Shariah
Ahmed Al-Dawoody
Introduction
Terrorism
Religious violence
Conclusion
Index
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  3. Bata Hashim. Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology. Brill,2023. — 162 ð. - 2023 ãîä
  4. Cattelan Valentino. Religion and Contract Law in Islam: From Medieval Trade to Global Finance. Routledge,2023. — 230 p. - 2023 ãîä
  5. Rajani Kumail (ed.). Shiʿite Legal Theory: Sources and Commentaries. Edinburgh University Press,2023. — 352 p. - 2023 ãîä
  6. Ahmed Hilal, Mishra R.K.. Rethinking Muslim Personal Law: Issues, Debates and Reforms. Routledge India,2022. — 187 p. - 2022 ãîä
  7. Hallaq Wael B.. Law and Legal Theory in Classical and Medieval Islam. Routledge,2022. — 344 p. - 2022 ãîä
  8. Kondgen Olaf. A Bibliography of Islamic Criminal Law. Brill,2022. — 468 p. - 2022 ãîä
  9. Modarressi Hossein. Text and Interpretation: Imam Jaʿfar Al-Ṣādiq and His Legacy in Islamic Law. Harvard University Press,2022. — 375 p. - 2022 ãîä
  10. Badawi Nesrine. Islamic Jurisprudence on the Regulation of Armed Conflict. Text and Context. Brill,2019. — viii, 273 p. - 2019 ãîä
  11. Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p. - 2019 ãîä
  12. Hosen Nadirsyah (ed.). Research Handbook on Islamic Law and Society. Edward Elgar Publishing,2018. — 474 p. - 2018 ãîä
  13. Poya Abbas (ed.). Sharia and Justice. De Gruyter,2018. — 189 p. - 2018 ãîä
  14. Daniels Timothy P.. Living Sharia: Law and Practice in Malaysia. University of Washington Press,2017. — 280 p. - 2017 ãîä
  15. Afrianty Dina. Women and Sharia Law in Northern Indonesia: Local Women's NGOs and the Reform of Islamic Law in Aceh. Routledge,2015. — 202 p. - 2015 ãîä
  16. Bostom Andrew G.. Sharia Versus Freedom: The Legacy of Islamic Totalitarianism. Prometheus Books,2012. — 1110 p. - 2012 ãîä
  17. Welchman Lynn. Women's Rights and Islamic Family Law: Perspectives on Reform. Zed Books,2004. — 328 p. - 2004 ãîä
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