Contemporary Ijtihad: Limits and Controversies

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Edinburgh University Press, 2011 - Religion - 257 pages
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The resurgence of Islam, geopolitical crises involving Muslim nations, violence associated with Islam and the immigration of millions of Muslims to Western countries have generated a strong interest in understanding Islamic law. The challenges of these new realities have impressed upon Muslims the need to rethink classical jurisprudence and a powerful contemporary ijtihad - the process of making a legal decision by independent interpretation of the legal sources - has unleashed a tremendous intellectual energy that is transforming legal systems across the Muslim world. This book explores the limits and controversies of this development in the context of the diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents including Europe and North America.Key FeaturesExplains diverse bodies of Islamic law including fiqh, qanun and siyarSupplements Arabic terms from the Basic Code with English substitutesAnalyses the forces shaping contemporary ijtihadPresents a jurisprudential guide suitable for jurists, judges, national legislatures, and teachers and students and law and Islamic studies.
  

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Contents

Introduction
1
1 Classical Era of Ijtihad 632875
14
2 Free Markets of Fiqh
47
3 Islamic Positive Law
80
4 Islamic Constitutionalism
113
5 Covenants with NonMuslims
146
6 Western Views of Islamic Law
181
7 Muslim Diaspora Law
215
Glossary
249
Index
253
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About the author (2011)


L. Ali Khan is Professor of Law at the Washburn University Hisham Ramadan is Professor of Criminology at the Kwantlen University

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