Search

Showing posts with label medieval Islam. Show all posts
Showing posts with label medieval Islam. Show all posts

28 June 2023

BOOK: Youcef L. SOUFI, The Rise of Critical Islam. 10th-13th Century Legal Debate (Oxford: University Press, 2023). ISBN: 9780197685006, pp. 296, £71.00

 

(Source: OUP)

ABOUT THE BOOK

In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munāẓara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Isḥāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice.

Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.

ABOUT THE AUTHOR

Youcef Soufi is Research Associate at the University of Toronto's Institute of Islamic Studies. He is a former Assistant Professor in Islamic Studies at the University of British Columbia and a former Chair of the Canadian Association for the Study of Islam and Muslims (CASIM). He has held fellowships at the Jackman Humanities Institute at the University of Toronto, the Centre for Comparative Muslim Studies at Simon Frasier University, and The Centre for Studies in Religion and Society (CSRS) at The University of Victoria.

TABLE OF CONTENTS

Introduction

Part I

Chapter 1: Mourning Loss Through Debate: Pious Critique and its Limits

Chapter 2: The Emergence of Pious Critique: a Genealogy of "Munazara"

Chapter 3 "Why do We Debate?": Uncovering Two Discursive Foundations for Disputation

Part II

Chapter 4: Debating the Convert's Jizya: How the Madhhab Enabled Ijtihad

Chapter 5: Forced Marriage in Shafi'i Law: Revisiting School Doctrine

Chapter 6: The Case of the Mistaken Prayer Direction: Debating Indeterminate School Doctrine

Part III

Chapter 7: The End of Critical Islam?: Shafi'ism and Temporal Decay


More information with the publisher.

21 December 2021

BOOK: Carolyn BAUGH, Minor Marriage in Early Islamic Law (Leiden: Brill, 2017). ISBN: 978-90-04-34483-9, €99.00

(Source: Brill)

ABOUT THE BOOK

Series: Studies in Islamic Law and Society, Volume: 41

In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate. 

ABOUT THE AUTHOR

Carolyn G. Baugh, Ph.D. (2011), University of Pennsylvania, is Assistant Professor of History at Gannon University. In addition to scholarly articles, she has translated Ibn Khaldūn’s treatise on Sufism, Shifāʾ al-sāʾil fī tahdhīb al-masāʾil for the Library of Arabic Literature.

TABLE OF CONTENTS

Part One: The Early Formative Era 
Chapter One: Contextualizing and Conceptualizing Minor Marriage 
Chapter Two: The Early Compendia 
Chapter Three: Early Ḥanafī Thought 
Chapter Four: Early Mālikī Thought 
Chapter Five: Al-Shāfiʿī 

Part Two; Consensus, Consensus Writing, Post-Formative Era Writing, and Whether Consensus Matters 
Chapter Six: Consensus 
Chapter Seven: Writing Consensus 
Chapter Eight: Post-Formative Era Thought on Minor Marriage 
Conclusion: Does Consensus Matter? 

Appendix: Excerpts from the Early Compendia 
Bibliography 
Index 


More information with the publisher.