Islamic Legal Theories : Sunni Usul al-fiqh

 A History of Islamic Legal Theories : An Introduction to Sunni Usul al-fiqh,
Paperback - 303 pages,
by Wael B. Hallaq.
Published by Cambridge University Press.

Description :

Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. 

In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

  • *The first book to provide a history of Islamic legal theory and to explain its development in the contemporary context,
  • *Law is becoming an increasingly important part of Islamic studies and this book has already filled a nich,
  • *Hallaq is one of the top scholars in the field.

Table of Contents :


Chapter [1]. The Formative Period,
---Jurisprudence in the First Century, [620 -720 C.E],
---Jurisprudence in the Second Century, [720 -815 C.E],
---The Beginnings of Legal Theorisation.

Chapter [2]. The Articulation of Legal Theory: I,
---Epistemology, (ilm al-kalam)
---The Legal Norms, (wajib, mandub, etc)
---Legal Language, (qiyas)
---Prophetic Reports : Epistemology, Transmission and Authentication,

Chapter [3]. The Articulation of Legal Theory: II,
---Introductory Remarks,
---Qiyas (Analogy),
---Juristic Preference (Istihsan),
---The Principle of the Presumption of Continuity (Istishab),
---Monotheistic Laws before the advent of Islamic Revelation,
---Legal Reasoning and its Practitioners : Ijtihad and Mujtahids,
---Following Authoritative Opinions : Taqlid,
---The Jurisconsult (Mufti).

Chapter [4]. The legal Text, the World and History,
---Introduction : The Theoretical Constants,
---The Variable of Legal Theory,
---Legal Theory and Substantive Law.

Chapter [5]. Social Reality and the Response of Theory,
---Epistemology Refashioned,
---The Legal Norms,
---The Constituent Elements of the Law's Aims,
---Legal Indicants and Legal Language,
---The Qur'an and Sunna,
---Ijtihad, Mujtahids and Mufti's,

Chapter [6]. Crises of Modernity: toward a new Theory of Law?
---Religious Utilitarianism,
---Religious Liberalism,
---Concluding Remarks.


Includes Extensive Footnotes.

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