The Origins and Evolution of Islamic Law

by Wael B. Hallaq

• ISBN13: 9780521803328
• ISBN10: 0521803322
• Format: Hardcover
• Copyright: 2005-01-10
• Publisher: Cambridge University Press

Summary

Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.

Table of Contents

Maps	ix
Introduction	1	(7)
The pre-Islamic Near East, Muhammad and Quranic law	8	(21)
The emergence of an Islamic legal ethic	29	(28)
The early judges, legal specialists and the search for religious authority	57	(22)
The judiciary coming of age	79	(23)
Prophetic authority and the modification of legal reasoning	102	(20)
Legal theory expounded	122	(28)
The formation of legal schools	150	(28)
Law and politics: caliphs, judges and jurists	178	(16)
Conclusion	194	(13)
Glossary of key terms	207	(4)
Short biographies	211	(6)
Bibliography	217	(8)
Suggested further reading	225	(4)
Index	229