Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology

By Hashim Bata

Book Series: Studies in Islamic Law and Society, Vol. 53

Publisher: Brill

Publication Date: May 25, 2023

ISBN: 978-90-04-53681-4

This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.

Table of Contents

• Acknowledgements
• Preface
• Chapter 1: Introduction to Islamic Legal Theory
• Chapter 2: The Non-Authoritativeness of Conjecture
• Chapter 3: The Authoritativeness of Certainty
• Chapter 4: The Authoritativeness of Substantiated Conjecture
• Chapter 5: Implications of Legal Epistemology on Ijtihād
• Bibliography
• Index

About The Author

Hashim Bata, Ph.D. (2012), University of Warwick, is Lecturer in Islamic Legal Studies at Al-Mahdi Institute and Associate Lecturer at University of Birmingham. He has published several articles in the fields Uṣūl al-fiqh and Fiqh.

Source: Brill