Custom in Islamic law and legal theory : the development of the concepts of ʻurf and ʻādah in the Islamic legal tradition
Author(s)
Bibliographic Information
Custom in Islamic law and legal theory : the development of the concepts of ʻurf and ʻādah in the Islamic legal tradition
(Palgrave series in Islamic theology, law, and history)
Palgrave Macmillan, 2010
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Library, Institute of Developing Economies, Japan External Trade Organization図
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Note
Includes bibliographical references (p. [227]-239) and index
Description and Table of Contents
Description
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Table of Contents
PART I Custom and Islamic Law in Modern Scholarship Normative Foundations of the Concept of Custom in the Islamic legal Tradition From 'Adah to ' Urf, Theological Foundations of the Concept of Custom As reflected in the Debate over Causality Custom between the Theoretical School and the Applied School PART II The Expansion of Legal Theory Custom and Legal Maxims al-Qawa'id al-Fiqhiyyah Custom and the Objectives of Shari'ah, Maqassid al-Shari'ah Custom, Legal Application, and the Construction of Reality
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