Dynamics of Tradition

Islamic Theology and Law in Relation

Idris Nassery, Muna Tatari (Herausgeber)

Buch | Hardcover

256 Seiten

2025
Brill (Verlag)
978-90-04-53087-4 (ISBN)

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This volume examines the intertwined development of Islamic theology and legal theory, revealing their mutual influences across history and offering insights into their roles in shaping Muslim identities within contemporary, multicultural, and secular societies.

This book invites the reader to explore how Islamic theology and law have shaped, challenged, and inspired each other across centuries. What does it mean, for example, when a legal rule embodies theological debates on divine justice? We unpack questions like this by diving into the rich history and modern-day relevance of theology and legal theory in Islam, using rare manuscripts and new historical findings. The book’s contributors offer fresh perspectives on how Islamic scholars tackled pressing social issues and adapted their thought to evolving contexts. This work stands out for its engaging examination of Islam's intellectual legacy and its potential pathways for today.

Contributors are Mohammed Abdelrahem, Ahmad Atif Ahmad, Maha El-Kaisy, Mohammed Fadel, Ramon Harvey, Serdar Kurnaz, Abdul Rahman Mustafa, Najah Nadi and David Vishanoff.

Idris Nassery, University of Paderborn, is Professor of Islamic Law. He has published monographs, translations, and numerous articles on Islamic law, legal philosophy, and comparative law. He is co-editor of The Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a (2018). Muna Tatari, University of Paderborn, is Professor of Islamic Systematic Theology. Her research interests include Islamic systematic theology, as well as political, liberation, and comparative theology. She is co-author of Mary in the Qur'an: Friend of God, Virgin, Mother (2022).

Contents

Preface

List of Figures

Introduction

Idris Nassery and Muna Tatari

Part 1 Trajectories

1 My Name Is Uṣūl al-Fiqh
Ahmad Atif Ahmad

2 Theologies of Divine Speech and the Human Exigencies of Law: a Conundrum for Classical and Contemporary Islamic Legal Hermeneutics

David R. Vishanoff

Part 2 Mechanics

3 Epistemology and Legal Theory in al-Dabūsī’s Taqwīm al-adilla: a Case Study on How Epistemological Assumptions Can Affect Legal Theory, Law, and Theology

Serdar Kurnaz

4 The Late Classical Concept of Proof (dalīl) and Its Foundationalist and Occasionalist Features

Najah Nadi

5 Impact of Theological Attitudes on Legal Thinking: Reason and Maṣlaḥa in the Legal Thought of Muḥammad ʿAbduh (d. 1323/1905)

Mohammed Abdelrahem

Part 3 Perspectives

6 Al-Shāfiʿī, God’s Rule (ḥukm allāh) and the Turn to Theology

Mohammad Fadel

7 Al-Māturīdī on the Cause (sabab) and Human Action between Kalām and Uṣūl al-Fiqh
Ramon Harvey

8 ʿAbd al-Jabbār on Good and Evil, and the Divine Law taklīf
Maha El Kaisy-Friemuth

9 Failure Becomes the Law

Abdul Rahman Mustafa

Erscheinungsdatum	21.10.2025
Reihe/Serie	Studies in Islamic Law and Society ; 57
Verlagsort	Leiden
Sprache	englisch
Maße	155 x 235 mm
Gewicht	554 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	90-04-53087-8 / 9004530878
ISBN-13	978-90-04-53087-4 / 9789004530874
Zustand	Neuware