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The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law


ISBN13: 9783319255200
Published: January 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £86.00



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The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies.

The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.

In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.

Subjects:
Islamic Law
Contents:
Chapter 1 The Current Project
Chapter 2 Evolutionary Narratives
Chapter 3 The Subject-Text and its Genre
Chapter 4 The Full-System Jadal Theory of the Lens-Texts
Chapter 5 Extended Dialectical Sequences
Chapter 6 Short Dialectical Sequences & Independent Dialectical Formulae
Chapter 7 A Picture of Proto-System Jadal
Chapter 8 Usul al-Fiqh and Jadal-Theory in the Dialectical Forge
Chapter 9 Supplementary Paradigms and Open Doors
Appendix I: al-Basri's Modes of Qiyas-Oriented Dialectic
Appendix II: al-Shirazi's Modes of I'tirad
Appendix III: al-Baji's Modes of I'tirad
Glossary: Select Technical Terms of Islamic Legal Theory and Dialectic.