Download PDF by Ayman Shabana: Custom in Islamic Law and Legal Theory: The Development of

By Ayman Shabana

ISBN-10: 0230105920

ISBN-13: 9780230105928

This book explores the connection among customized and Islamic legislations and seeks to discover the function of customized within the building of criminal rulings. On a deeper point, in spite of the fact that, it offers with the perennial challenge of switch and continuity within the Islamic criminal culture (or any culture for that matter). it truly is argued that customized (urf and adah) was once one of many vital instruments that the jurists used to deal with switch and to regulate the rulings of shari`ah to the ever altering stipulations specifically social and historic contexts. The e-book offers a diachronic learn of the advance of the idea that of customized (and the various phrases which have been linked to it) within the Islamic criminal culture.

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Additional info for Custom in Islamic Law and Legal Theory: The Development of the Concepts of Urf and Adah in the Islamic Legal Tradition (Palgrave Series in Islamic Theology, Law, and History)

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First, they reflect different stages of development in a legal tradition that was constantly evolving and expanding. Second, they indicate the nature of

After the verification of its scope, custom was to be dismissed only when it contravened definitive textual sources. Custom, therefore, was analyzed within a hierarchical system of legal sources, in which it was treated as a source as long as it did not conflict with a higher source of the law. 112 Custom clearly shows that there is a need for another analytical tool that will enable us to take full cognizance of all the nuances that the subject involves. Instead of the binary classification, a contextual hierarchical framework may be more useful in reconstructing the juristic treatment of custom.

It simply indicates a normal development of a legal tradition that increasingly required more adjustments to cope with the ever changing social practice. 99 In fact, the examples found in the writings of the early formative period, such as those of al-Shåfi<í and Målik, are almost direct references to substantive issues covered either by the Qur>ån or the Sunnah. The efforts of the later jurists concentrated on deeper analysis and higher levels of abstraction, which is how concepts such as isti°sån and

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Custom in Islamic Law and Legal Theory: The Development of the Concepts of Urf and Adah in the Islamic Legal Tradition (Palgrave Series in Islamic Theology, Law, and History) by Ayman Shabana


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