Custom In Islamic Law And Legal Theory: The Development of the Concepts of `Urf and `Adah in the…

Hardcover | November 15, 2010

byAyman Shabana

not yet rated|write a review
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). It is argued that custom (urf and adah) was one of the important tools that the jurists used to accommodate change and to adjust the rulings of shari`ah to the ever changing conditions in particular social and historical contexts. The book presents a diachronic study of the development of the concept of custom (and the different terms that have been associated with it) in the Islamic legal tradition.

Pricing and Purchase Info

$143.00

In stock online
Ships free on orders over $25

From the Publisher

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). It is argued that custom (urf and ad...

Ayman Shabana is a Visiting Professor at the University of Tennessee at Knoxville.

other books by Ayman Shabana

Islamic Bioethics
Islamic Bioethics

Hardcover|Jan 22 2016

$1,831.28 online$2,064.65list price
Format:HardcoverDimensions:262 pages, 8.48 × 5.63 × 0.8 inPublished:November 15, 2010Publisher:Palgrave MacmillanLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0230105920

ISBN - 13:9780230105928

Look for similar items by category:

Customer Reviews of Custom In Islamic Law And Legal Theory: The Development of the Concepts of `Urf and `Adah in the Islamic Legal Tradition

Reviews

Extra Content

Table of Contents

PART I * Custom and Islamic Law in Modern Scholarship * Normative Foundations of the Concept of Custom in the Islamic legal Tradition * From ‘Ådah to ‘Urf, Theological Foundations of the Concept of Custom As reflected in the Debate over Causality * Custom between the Theoretical School and the Applied School * PART II * The Expansion of Legal Theory * Custom and Legal Maxims al-Qawå‘id al-Fiqhiyyah * Custom and the Objectives of Sharí‘ah, Maqåßid al-Sharí‘ah * Custom, Legal Application, and the Construction of Reality

Editorial Reviews

"Shabana's work is an immensely important contribution to the study of the Islamic legal tradition. It provides a sound basis for more explorative examinations of custom as a source of Shariah, particularly its potential to contribute to the progressive reform of Shariah." - Waheeda Amien, University of Cape Town "This book will be very useful to students and specialists in Islamic law who need to understand the historical development of the custom, its relationships with other significant legal-theological concepts and institutions, and its status in different genres such as the qawa'id and maqasid. This focus makes technical discussion in technical terms inevitable. However, the book's general and comprehensive outlook should also interest non-specialists. In addition, it should pave the way for new and more specific studies on 'urf. Finally, the role of the 'urf and 'ada in the evolution of Islamic law in the modern period, is also highly important, and we need more studies in this field by serious and competent scholars like Shabana." - Ismail Cebeci, Oxford Centre for Islamic Studies