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Islamic Law and Culture, 1600-1840 (Heim Gerber) Hardcover Book, (Brill, 1999) 9789004113190
Islamic Law and Culture, 1600-1840 (Heim Gerber) Hardcover Book, (Brill, 1999) 9789004113190
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Title: Islamic Law and Culture, 1600-1840

Author: Gerber, Heim

Publisher: Brill; Publication Date: 1999

Hardcover; ISBN: 9789004113190

Volumes: 1; Pages: x, 158

List Price in Cloth: $116.00 Our price: $97.99

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In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period.The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common.The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.ContentsIntroduction Ch. 1 The Historical Background Ch. 2 Islamic Law and the World of Social Practice Al-Ramli and the Application of the Shari'a Ch. 3 Islamic Law and the State The Sultan State Institutions The Legal Position of the Ottoman Seyhulislam Limitations on the Power of the State Relations with other Madhhabs Ch. 4 Ijtihad Ijtihad and ikhtilaf Ch. 5 Istihsan and other types of Innovation Istihsan--Judicial preference Innovations Ch. 6 'Urf (Custom)--The Practical Secularization of Islamic Law Ch. 7 The Structure of the Legal Argument The Problem of Deterioration of the Times (fasad al-zaman) Islamic Law--Sacred and Profane A Note on General Rules in Islamic Law Summary and ConclusionBibliography Index
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