Doubt in Islamic LawThis book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt. Intisar A. Rabb calls into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through a close examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century. |
Contents
Introduction | 10 |
I | 16 |
2 | 41 |
Judicial Practice | 48 |
MORALITY AND SOCIAL CONTEXT FIRST | 67 |
48 | 83 |
69 | 90 |
Doubt as Moral Concern | 107 |
Accommodation of Legal | 204 |
Strict Liability as Definitions of Moral Values | 222 |
Strict Textualism in Opposition to Doubt | 229 |
Dueling Theories of Delegation | 260 |
Doubt in Comparative and Contemporary Context | 317 |
Appendices | 323 |
Doubt | 348 |
Bibliography | 359 |
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Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic ... Intisar A. Rabb No preview available - 2017 |
Common terms and phrases
Abbasid Abd Allāh Abī Abū Ḥanīfa accused Aḥmad al-Dīn al-Islāmī al-Kutub al-Ilmiyya al-Qāsim alā Alī Allāh Anṣārī Astarābādī authority avoid punishment Beirut bi'l-shubahāt Brill Cairo caliph Cambridge century Chapter citing claim context crime criminal liability Dār al-Kutub Dāwūd discussion divine legislative supremacy doctrine doubt canon early Islamic elite-leniency maxim example fiqh foundational texts hadd liability ḥadd punishment ḥadīth Hanafi Hanbal Hanbali hudud ḥudūd avoidance hudud enforcement hudud laws Ibid Ibn Abi Ibn Bābawayh Ibn Hazm Ibrāhīm Imāms Islamic criminal law Islamic law isnād judges judicial jurisprudence Kitāb l-ḥudūd Law Review legal maxims Leiden Maktabat Mālikī marriage mens rea moral Mu'assasat Mudawwana Muḥammad Muslim jurists nonliability presumption noting political principle prohibition Prophet Qāḍī Qawa'id Qudūrī Qur'ān Qur'ānic rape rationalist rule scholars schools Shafi'i Shāfiī sharḥ Shīī shubha slave woman sources strict textualist Sunan Sunnī Tajrīd textual textualist theft theory traditionalists traditions Umar University Press zinā