The Spirit of Islamic Law

by Weiss, Bernard G.

• ISBN13: 9780820328270
• ISBN10: 0820328278
• Format: Paperback
• Copyright: 2006-03-01
• Publisher: Univ of Georgia Pr

Summary

This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law.The Spirit of Islamic Lawoutlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals--especially family relations and contracts--coupled with a concern to define the limits of governmental power.The Spirit of Islamic Lawis the fifth book in Georgia's Spirit of Laws series, which illuminates the nature of legal systems throughout the world.

Author Biography

Bernard G. Weiss is a professor of Arabic and Islamic studies at the Middle East Center of the University of Utah in Salt Lake City. He is the author and editor of several books, including The Search for God's Law.

Table of Contents

Preface	xi
The Formation of Islamic Law	1	(23)
Divine Sovereignty and Human Subordination	24	(14)
The Textualist/Intentionalist Bent	38	(28)
The Venture Beyond the Texts	66	(22)
Probabilism and the Limits of Certainty	88	(25)
Juristic Authority and the Diversity of Schools	113	(32)
The Moralistic Bent	145	(27)
Private and Public Dimensions of the Law	172	(14)
Epilogue	186	(5)
Notes	191	(10)
Glossary of Major Arabic Terms	201	(2)
Bibliography	203	(6)
Index	209