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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Zahiri Madhhab (3rd/9th-10th/16th Century): A Textualist Theory of Islamic Law

ISBN13: 9789004276192
Published: September 2014
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £101.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.

Islamic Law
Table of contents

Part One: The History of the Ẓāhirī Madhhab
Ch. One: Dāwūd al-Ẓāhirī and the Beginnings of the Ẓāhirī Madhhab
Ch. Two: The Spread and Retreat of the Ẓāhirī madhhab

Part Two: Ẓāhirism: A Critical Review
Ch. Three: Jurisprudence in Third/Ninth-Century Baghdad
Ch. Four: Ẓāhirism between the Ahl al-Ra’y and the Ahl al-Ḥadīth
Ch. Five: Ẓāhirism, Literalism and Textualism
Ch. Six: Case Studies