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In the final phase of its pre-modern period of existence, Islamic Law is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period.
The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common.
The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.
The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. Flexibility and openness remained vital, via terms such as istihsan, ijtihad and 'urf. Unheralded innovation was also common.
The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state.
Price: $149.00
Pages: 158
Publisher: Brill
Imprint: Brill
Series: Studies in Islamic Law and Society
Publication Date:
01 January 1999
ISBN: 9789004113190
Format: Hardcover
'Gerber's book gives us a taste of some of the recent developments in the field of Islamic legal studies and of the significance and richness of Ottoman legal sources. It also shows us the importance of building and wording our arguments carefully.'
Engin Deniz Akarli, Islamic Law and Society, 2000.
Engin Deniz Akarli, Islamic Law and Society, 2000.
Haim Gerber, Ph.D. (1977), Hebrew University of Jerusalem, is the author of several books dealing with the economic, social and legal history of the Middle East under the Ottoman Empire.