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  • 1
    UID:
    b3kat_BV040891073
    Format: XXI, 215 pages , illustrations
    ISBN: 9781107009097
    Series Statement: Cambridge studies in Islamic civilization
    Content: "This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings"--
    Note: Includes bibliographical references (pages 201-210) and index , A general model -- Preliminaries -- Women praying with men : adjacency -- Women praying with women -- Women praying with men : communal prayers -- The historical development of Ḥanafī reasoning -- From laws and values -- The logic of law making -- Appendix. The authenticity of early Ḥanafī texts : two books of al-Shaybānī , Includes bibliographical references and index
    Language: English
    Subjects: Law
    RVK:
    Keywords: Islamisches Recht ; Frau ; Gebet ; Geschichte ; Hanefiten ; Frau ; Gebet ; Rechtsquelle ; Geschichte
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    Online Resource
    Online Resource
    Cambridge : Cambridge University Press
    UID:
    gbv_766826848
    Format: Online-Ressource (242 p)
    ISBN: 9781107009097
    Series Statement: Cambridge Studies in Islamic Civilization
    Content: This pioneering study is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings
    Note: Description based upon print version of record , Cover; The Logic of Law Making in Islam; Series; Title; Copyright; Contents; Preface; Acknowledgments; Key Technical Definitions; 1 A General Model; 1.1. Revisability and Indeterminacy; 1.2. A General Model of Decision Making and Exegesis; 1.2.1. Motivation: The Islamic Case; 1.2.2. A General Model of Decision Making and Exegesis; 1.2.3. From an Individual to a Community; 1.3. Exegetic Rationales and Degrees of Hermeneutic Flexibility; 1.4. A Characterization of the Ḥanafīs; 1.4.1. Results; 1.4.2. Previous Work in the Field; 2 Preliminaries; 2.1. The Ḥanafī School and the Case Studies , 2.2. The Scholars2.3. "Undesirable" as a Technical Term; 3 Women Praying with Men: Adjacency; 3.1. The Formative Background; 3.2. Adjacency: The Two-Body Problem; 3.2.1. Partitions and Gaps; 3.3. Justification: "Keep Them Behind!"; 3.4. The Multibody Problem and the Origin of the Adjacency Law; 3.5. New Justifications; 3.6. Adjacency: "Willing Out" Female Worshippers; 3.7. Conclusion; Excursus: Women Leading Men; 4 Women Praying with Women; 4.1. The Formative Background; 4.2. Formation of the Standard Position: Abū Ḥanīfa to al-Marghīnānī , 4.3. Justifying the Standard Position: Al-Marghīnānī to al-Bābirtī4.4. The Maverick: Badr al-Dīn al-'Aynī; 4.4.1. Arguing from Tradition; 4.4.2. The Isnāds of the Traditions; 4.4.3. Summing up al-'Aynī; 4.5. On the Fence: Ibn al-Humām; 4.6. Later Ḥanafī Law; 4.7. The Counterexample from Funeral Prayers; 4.8. Two More Issues; 4.8.1. Does Leadership Really Entail Improper Exposure?; 4.8.2. Did the Abrogation Remove Permissibility?; 4.9. Concluding Remarks; 5 Women Praying with Men: Communal Prayers; 5.1. Introduction; 5.2. Early Ḥanafī Law: Abū Ḥanīfa to al-Qudūrī; 5.2.1. The Two 'Īd Prayers , 5.2.2. The Daily and Friday Prayers5.2.3. After al-Ṭaḥāwī; 5.3. Al-'Aynī; 5.4. Ibn al-Humām's Recipe for Legal Change; 5.5. After Ibn al-Humām; 6 The Historical Development of Ḥanafī Reasoning; 6.1. The Forming Canon: Ḥanafī Beginnings; 6.2. The Shifting Canon: The Rise of Ḥadīth-Folk Ideology; 6.3. The Canon and Interpretation in Mature Ḥanafī Thought; 7 From Laws to Values; 7.1. Introduction; 7.2. The Acceptability of Laws Birthed by Unacceptable Values; 7.3. Justifications Need Not Reflect Motives; 7.4. Jurists' Reflections on Social Reality; 7.5. The Jurist as Part of a Corporate Entity , 7.6. From Laws to Society: What We Can Learn7.7. Conclusion: Seeing Law as Law; Excursus: A Historian's "Public Reason"; 8 The Logic of Law Making; 8.1. Introduction; 8.2. Reasoning with Legal Principles; 8.3. Formal Exegesis of the Canon; 8.3.1. Exegetic Rationales and Hermeneutic Flexibility in Practice; Appendix: The Authenticity of Early Ḥanafī Texts: Two Books of al-Shaybānī; Bibliography; Index; Series
    Additional Edition: ISBN 9781139779418
    Additional Edition: ISBN 9781107009097
    Additional Edition: Print version The Logic of Law Making in Islam : Women and Prayer in the Legal Tradition
    Language: English
    Keywords: Electronic books
    Library Location Call Number Volume/Issue/Year Availability
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  • 3
    Online Resource
    Online Resource
    Cambridge : Cambridge University Press
    UID:
    gbv_883357763
    Format: 1 Online-Ressource (xxi, 215 pages) , digital, PDF file(s).
    ISBN: 9780511920509
    Series Statement: Cambridge studies in Islamic civilization
    Content: This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.
    Content: A general model -- Preliminaries -- Women praying with men : adjacency -- Women praying with women -- Women praying with men : communal prayers -- The historical development of Ḥanafī reasoning -- From laws and values -- The logic of law making -- Appendix. The authenticity of early Ḥanafī texts : two books of al-Shaybānī
    Note: Title from publisher's bibliographic system (viewed on 05 Oct 2015)
    Additional Edition: ISBN 9781107529786
    Additional Edition: ISBN 9781107009097
    Additional Edition: ISBN 9781107009097
    Additional Edition: ISBN 9781107529786
    Additional Edition: Erscheint auch als Sadeghi, Behnam, 1969 - The logic of law making in Islam Cambridge [u.a.] : Cambridge Univ. Press, 2013 ISBN 9781107009097
    Additional Edition: ISBN 110700909X
    Additional Edition: Print version ISBN 9781107009097
    Language: English
    Subjects: Law
    RVK:
    Keywords: Rechtsphilosophie ; Islamisches Recht ; Islamisches Recht ; Rechtsphilosophie
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
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