Custom in Islamic Law and Legal Theory

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).

Auteur
Ayman Shabana is Visiting Assistant Professor at Georgetown University s School of Foreign Service, Qatar

Contenu
PART I Custom and Islamic Law in Modern Scholarship Normative Foundations of the Concept of Custom in the Islamic legal Tradition From 'Ådah 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-Qawå'id al-Fiqhiyyah Custom and the Objectives of Sharí'ah, Maqåßid al-Sharí'ah Custom, Legal Application, and the Construction of Reality