Visions of Sharīʿa: Contemporary Discussions in Shī ͑ī Legal


Visions of Sharīʿa: Contemporary Discussions in Shī ͑ī Legal


Editors: Ali-reza Bhojani, Laurens de Rooij and Michael Bohlander

Series: Studies in Islamic Law and Society (Book 50)

Publisher: BRILL (December 5, 2019)

In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.

About the Author

Dr Ali- Reza Bhojani, Ph.D. (2013), Durham University, is Senior Lecturer in Islamic Studies at the Markfield Institute of Higher Education, Lecturer at the Al-Mahdi Institute, and Research Associate at the University of Oxford. He is author of Moral Rationalism and Sharīʿa: A Study of Independent Rationality in Modern Shī ͑ī Uṣūl al-fiqh (Routledge, 2015).

Table of Contents

Visions of Sharīʿa: An Introduction – by Ali-Reza Bhojani
Ch. 1: The Reception of Factuality (taṣwīb) Theories of Ijtihād in Modern Shī ͑ī Uṣūlī Thought – by Seyyed Mostafa Mohaghegh Damad
Ch. 2: Reassessing the Pivotal Role of Certainty in Modern Shīʿī Uṣūlī Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Sharīʿa Precepts – by Hashim Bata
Ch. 3: The Role of the Quran in Legal Reasoning (Ijtihād): A Shī ͑ī Perspective – by Rahim Nobahar
Ch. 4: From Theory to Practice: Case Law as an Additional and Evidentiary Holistic Tool for the Derivation and Operation of Law in Shīʿī Uṣūl al-Fiqh – by Imranali Panjwani
Ch. 5: Strategic Juristic Omission and The Non-Muslim Blood Price: An Examination of Shīʿī Fiqh and Practice – by Haider Ala Hamoudi
Ch. 6: Towards the Hermeneutics of a Justice-oriented Reading of Sharīʿa – by Ali-Reza Bhojani
Ch. 7: Maqāṣid al-Sharīʿa Discourse in Contemporary Shīʿī Jurisprudence – by Hassan Beloushi
Epilogue – by Robert Gleave

Source: Brill

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