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Vol 23 No 5 May/June 2018

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Lessons in Islamic Jurisprudence

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ISBN13: 9781851683246
ISBN: 1851683240
Published: June 2003
Publisher: Oneworld
Country of Publication: UK
Format: Hardback
Price: Out of print

This is an English translation of one of the most famous texts by the influential and charismatic Islamic activist, as-Sadr, who was executed by Saddam Hussein in Iraq in 1980. As-Sadr's books have made him one of the most celebrated Arab Muslim intellectuals of modern times.;This text is used throughout the Sunni and Shi'a world by students of Islamic jurisprudence because of its succinctness and intellectual vigour. Mottahedeh's translation is accompanied by a detailed introduction which explains and places in context as-Sadr's views.;Representing an attempt to relate a large body of Islamic law to scripture, this translation should be of great interest to students of scripture, hermeneutics and law.

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Islamic Law
1. Characterization of jurisprudence: a preliminary word; characterization of jurisprudence; the subject matter of jurisprudence; the discipline of jurisprudence is the logic of legal understanding; the importance of the discipline of jurisprudence in the practice of derivation; jurisprudence is to legal understanding as theory is to application; the interaction between legal-understanding thought and jurisprudential thought; the permissibility of the process of deriving divine-legal rulings.
2 Substantiating arguments: the divine-law ruling and its subdivision; the division of rulings into injunctive and declaratory; categories of the injunctive ruling; areas of discussion in the discipline of jurisprudence; the divine-law argument.
3 Procedural principles: the fundamental procedural principle; the secondary procedural principle; the principle of the inculpatoriness of non-specific knowledge; the presumption of continuity.
4 The conflict of arguments: conflict between substantiating arguments; conflict between (procedural) principles; conflict between the two types of argument.