
- 766 pages
- English
- PDF
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About this book
Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic "Imperial Law", oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this intercultural background.
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Yes, you can access Islamic Imperial Law by Benjamin Jokisch in PDF and/or ePUB format, as well as other popular books in Theology & Religion & World History. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Introduction
- Part I. The Origins of Islamic Law
- I. Preliminaries
- Chapter 1: Special Indicators of Reception
- 1.1. The Emergence of Islamic Legal Literature
- 1.2. Uniformity of Islamic Law
- 1.3. The Emergence of Personal Law Schools
- 1.4. Critical Reactions
- 1.5. Centralization of Judiciary
- 1.6. The Emergence of Islamic Humanism
- 1.7. Wave of Codifications
- 1.8. Abundance of Comparative Studies
- Chapter 2: Circumstances of Reception
- 2.1. Muslims Involved in the Reception
- 2.2. Date and Place of the Reception
- 2.3. Translators
- 2.4. Commissions
- Chapter 3: Comparative Analysis
- 3.1. Sources
- 3.2. Structure
- 3.3. Legal Fields
- 3.4. Deficiency Law
- Part II. Islamic Imperial Law
- Preliminaries
- Chapter 4: Ideological Basis
- Chapter 5: Codification and Dissemination
- 5.1. The Imperial Code: Ẓāhir al-riwāya
- 5.2. Islamic Government and Codification
- 5.3. Binding Force of the Imperial Code
- 5.4. Centralization of the Judiciary
- 5.5. Dissemination of Ḥanafism
- Part III. From Imperial to Jurists’ Law
- Preliminaries
- Chapter 6: The Byzantine Factor
- 6.1. General Predisposition to Cultural Exchange
- 6.2. Contacts
- 6.3. Names and Catchwords
- 6.4. Literature
- 6.5. Chronology
- Chapter 7: The Origins of Uṣūl al-fiqh
- 7.1. Preliminaries
- 7.2. Shaybānī’s Uṣūl Work
- 7.3. The Shift to Orthodoxy: Shāfi‘ī’s Risāla
- Chapter 8: The Islamic Organon
- 8.1. Preliminaries
- 8.2. The Divine Premise
- 8.3. The Philosophical School
- 8.4. Comparative Analysis: Organon - Uṣūl al-fiqh
- 8.5. Scientization of Jurisprudence
- Conclusion
- Appendix 1: Cases
- Appendix 2: Judges
- Appendix 3: Terms
- Abbreviations
- Bibliography
- Index of Persons