Seven papers from a conference in Durham, England during August 2015 offer Shi'i perspectives on Islamic jurisprudence, to balance the Sunni perspective on Shari'a that has long dominated the public discussion. The topics include the reception of factuality (taswib) theories of ijtihad in modern Usuli Shi'i thought, reassessing the pivotal role of certainty in modern Shi'i Usuli legal methods: a case for accepting a wider range of evidence in the inference of Shari'a precepts, strategic juristic omission and the non-Muslim blood price: an examination of Shi'i fiqh and practice, and towards the hermeneutics of a justice-oriented reading of shari'a. Annotation ©2020 Ringgold, Inc., Portland, OR (protoview.com)
Visions of Shari a offers the first broad examination of ways in which legal theory (u ul al-fiqh) within Twelver Shi i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Shari a in contemporary Shi i thought.
| Preface |
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vii | |
| Notes on Contributors |
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ix | |
| Visions of Shari'a: An Introduction |
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1 | (9) |
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1 The Reception of Factuality (taswib) Theories of Ijtihad in Modern Usuli Shi'i Thought |
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10 | (16) |
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Seyyed Mostafa Mohaghegh Damad |
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2 Reassessing the Pivotal Role of Certainty in Modern Shi'i Usuli Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Shari'a Precepts |
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26 | (31) |
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3 The Role of the Quran in Legal Reasoning (Ijtihad): A Shi'i Perspective |
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57 | (26) |
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4 From Theory to Practice: The Role of the Subject in the Derivation of Rulings and Its Potential in Creating a System of Case Law for the Operation of Shi'i Law |
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83 | (46) |
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5 Strategic Juristic Omission and the Non-Muslim Blood Price: An Examination of Shi'i Fiqh and Practice |
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129 | (20) |
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6 Towards the Hermeneutics of a Justice-Oriented Reading of Shari'a |
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149 | (25) |
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7 Maqasid al-Shari'a Discourse in Contemporary Shi'i Jurisprudence |
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174 | (20) |
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| Epilogue |
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194 | (11) |
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| Appendix: al-Sayyid `Ali al-Husayni al-Sistani on Usul al-fiqh in Twelver Shi'i Thought: Its Importance and Historical Phases |
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205 | (9) |
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| Index |
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214 | |
Dr Ali-Reza Bhojani, Ph.D. (2013), Durham University, is Senior Lecturer in Islamic Studies at the Markfield Institute of Higher Education, Lecturer at the Al-Mahdi Institute, and Research Associate at the University of Oxford. He is author of Moral Rationalism and Shara: A Study of Independent Rationality in Modern Sh Ul al-fiqh (Routledge, 2015).
Dr Laurens de Rooij, PhD (2016), Durham University, is visiting Lecturer of Islamic Studies at the University of Chester, and visiting researcher at the University of Cape Town. He has published a number of works, including Media Discourses, Muslims, and non-Muslims in the UK (Manchester University Press, 2019), and his forthcoming work Muslims and Representative Engagement (Routledge, 2020).
Professor Michael Bohlander holds the Chair in Comparative and International Criminal Law at Durham Law School. From 2015 2019, he was the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. In 2017, he was appointed a judge at the Kosovo Specialist Chambers in the Hague. He is the author/editor of over 200 publications, including translations of his work into Chinese, Farsi, French, Khmer, Spanish and Turkish.
