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The Jurist and the Theologian


Speculative Theology in Shāfiʿī Legal Theory


This in-depth study examines the relation between legal theory (uṣūl al-fiqh) and speculative theology (ʿīlm al-kalām). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shāfiʿī school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.
Publisher: Gorgias Press LLC
Availability: In stock
SKU (ISBN): 978-1-4632-0618-5
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Publication Status: In Print

Publication Date: Oct 13,2017
Interior Color: Black
Trim Size: 6 x 9
Page Count: 378
Language: English
ISBN: 978-1-4632-0618-5
$176.00
$123.20

This in-depth study examines the relation between legal theory (uṣūl al-fiqh) and speculative theology (ʿīlm al-kalām). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shāfiʿī school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.

This in-depth study examines the relation between legal theory (uṣūl al-fiqh) and speculative theology (ʿīlm al-kalām). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shāfiʿī school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.

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Contributor Biography

Mohamed Eissa

Dr. Mohamed Eissa studied Middle Eastern history and Islamic Studies at the American University in Cairo, University of Edinburgh and Freie Universität Berlin, where he competed his PhD. He is currently a Post-doctoral Fellow at the Berlin Graduate School of Muslim Cultures and Societies.

Table of Contents (v)

Acknowledgments (ix)

Introduction (1)

   Research Methodology (4)

   Defining Speculative Theology and Legal Theory (7)

   Why the Shāfiʿī School of Law? (11)

   Typologies of Legal Theory (13)

   Overview of Chapters (17)

Chapter One: Modern Scholarship on the Relationship Between Theology and Legal Theory (27)

   Introduction (27)

   The Historical Argument (28)

   The Causal Argument (32)

   Denying the Relationship (38)

   Theologized and Untheologized Legal Theory (42)

   The Compartmentalisation of Religious Disciplines (45)

   The Counterintuitive Effect (48)

   Conclusion (53)

Chapter Two: The Context (55)

   Introduction (55)

   Political Context (56)

   Intellectual Context (61)

   Four Biographies (75)

   Conclusion (87)

Chapter Three: The Theology of Qiyās (93)

   Introduction (93)

   The Definition of qiyās (94)

   Speculative Theology and qiyās (97)

   Causality and the Ratio Legis 102)

   Jurisdiction of qiyās (120)

   Deducing the Ratio Legis: The Formal Methods (127)

   Deducing the ratio legis: The Material Methods (141)

   Conclusion (159)

Chapter Four: The Rule of Law before the Law (165)

   Introduction (165)

   Suspension and Permission (181)

   Proscription (204)

   Conclusion (232)

Chapter Five: Count the Truth(s) (239)

   Introduction (239)

   Culpability for Error (255)

   The Determination of Divine Law (262)

   The Single Truth (275)

   Multiple Truths (286)

   Theology and the Multiplicity of Truth (295)

   Conclusion (306)

Conclusion (315)

Sources in Arabic (327)

Sources in English and European Languages (341)

Index (353)

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