Hermeneutics in the Genre of Mukhta?ar: Civil and Commercial Law in Islamic Law

by Husain Kassim

Overview

This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtaṣar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtaṣar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtaṣar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtaṣar continue the hermeneutical formation of Islamic legal system.

Product Details

ISBN-13:	9781498512152
Publisher:	Lexington Books
Publication date:	12/31/2018
Pages:	264
Product dimensions:	6.37(w) x 9.14(h) x 1.01(d)

About the Author

Husain Kassim is emeritus associate professor, University of Central Florida.

Table of Contents

Chapter One Al-Shāfiʿī’s Concept of Hermeneutics: The Risāla and the Role it has played in the hermeneutical Formation of Islamic legal system

Chapter Two Hermeneutics in the Genre of Mukhtaṣar, its Significance, and Emergence in the Formation of Islamic legal system

Chapter Three Shāfiʿī School of Law: Hermeneutics as Reflected in K al-Umm, al-Muzanī’s Mukhtaṣar, and al-Shīrāzī’s Tanbīh

Chapter Four Ḥanafī School of Law: Hermeneutics as Reflected in al-Ţaḥāwī’s Mukhtaṣar, al-Qudūrī’s Mukhtaṣar, and al-Marghīnānī’s Hidāya in Refrence

Chapter Five Ḥanbalī School of Law: Hermeneutics as Reflected in Aḥmad ibn Ḥambal’s Masāʾil Collections and al-Khiraqī’s Mukhtaṣar

Chapter Six Mālikī School of Law: Hermeneutics as Refleced in Khalīl’s Mukhtaṣar

Chapter Seven Differences of Opinion in Different Schools of Law from the Hermeneutical Perspective

Editorial Reviews

Husain Kassim elegantly shows the role and extent of textual hermeneutics in the Mukhtaṣar, the systematizing, summarizing and interpreting texts of Islamic law from the early days of Islamic jurisprudence. Kassim’s detailed and careful analysis demonstrates the interpretive and linguistic mechanisms of thought and meaning at work between the Qur’ān, the Ḥadīth and Mukhtaṣar, which enables the application of legal and moral principles for specific circumstances and contexts. This book will be of interest not only to scholars of Islamic law, but also to historians and theorists of textual, legal, and religious hermeneutics.

Bruce Janz