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A. Ahmad

The Fatigue of the ShariŽa


1st ed. 2012. 2012. xiii, 208 S. 2 SW-Abb. 216 mm
Verlag/Jahr: SPRINGER PALGRAVE MACMILLAN; PALGRAVE MACMILLAN US 2012
ISBN: 1-349-34292-0 (1349342920)
Neue ISBN: 978-1-349-34292-1 (9781349342921)

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The Fatigue of the ShariŽa places on a continuum two kinds of debates: debates in the Islamic tradition about the end of access to divine guidance and debates in modern scholarship in Islamic legal studies about the end of the ShariŽa. The resulting continuum covers what access to divine guidance means and how it relates to ShariŽa.
Introduction PART I: FOUNDATIONS Truth and Fatigue The Fatigue of the ShariŽa: A Modern Commentary A Note on the Term ŽFutur al-ShariŽaŽ Inquiries and Tools Open Questions Transformations and Vacuum in Complex Systems Reason Unaided by Revelation Revelations before and after Muhammad Vacuum in Divine Norms The Fatigue of the ShariŽa Lacunae in Actual ShariŽa Models Political Science and Jurisprudence Two Arguments for the Fatigue of the ShariŽa Today Ijtihad Theory The Judgment from Outside Forgetting the Foundation Ijtihad and the Madhhab Relativity in Ijtihad and the Fatigue of the ShariŽa PART II: JURISTS AND NON-JURISTS Suppose we Forgot the Law Reason, Ijtihad; Reward & Punishment GodŽs Duties and Those of Humans The MuŽtazili Position Ibn Rushd (d. 595/1198) LawŽs Life in Potentiality The End of Jurisprudence Juwayni (d. 478/1085) on the Extinction of Jurisprudence The Argument against ReasonŽs Unqualified Sovereignty The Survival of the Truth and the Survival of Scholars A Matter of Profession-an Academic Turf? Ijtihad for All Dissent for or against Reason Before all Revelations What Conditio Sine Qua Non? Ibn TaymiyyaŽs (d. 728/1328) Attacks on Reconciling Reason with Revelation The HanabilaŽs Recruits Ibn al-Najjar (d. 972/1564) Pessimistic, Optimistic? Ijtihad for All in the Islamic 15th Hundred PART III: MODERNITY AND ITS QUESTIONS A New Picture Modern Reform of the ShariŽa Revisited Reservations Ijtihad and Tajdid Reform in Religion and in Law Structure Chronology Questions Old and New A Second Phase of the Debate Lasting Impact? Accepting Second-Class Status Parameters of Health and Frailty Multiple Dialectics Four Eras of Islamic Legal History Abesnt Good Government JuwayniŽs (419/1028-478/1085) Classic on Government Absent Good Government A Synopsis from the Ghiyathi Law and State Skin-deep Government Discrepancy between Local Law and World System PART IV: BEYOND MODERNITY Neglected Knowledge Knowledge and Disagreement Valid Positions Deferring to the Opponent Knowledge and Ignornce The ShariŽa and the Laws of Nature Hurdles to Overcome before considering the ShariŽa as Lost Knowledge Constant Interpretation Fatigue of Different Types The Search for a Trap Conclusion Postscript: After the Law; ShariŽa as History
"In the past, leading scholars of Islam debated whether humanity could ever lose the kind of divine guidance they received in the revelation of the QurŽan and in the ShariŽa. In this insightful and intriguing monograph, Ahmad A. Ahmad documents and analyzes these debates, and he shows why that question is particularly important today and how it can be answered." - Frank Griffel, Professor of Islamic Studies, Yale University

"An engaged and interesting account of the ongoing debate - begun in the medieval era - as to whether the ShariŽa will survive until the end of time, AhmadŽs book tackles also other significant topics, including the unaided ability of the human intellect to arrive at binding norms. As such, the discussion bears important implications for modern Muslim societies, particularly those which are changing." - Georges Tamer, M. S. Sofia Chair in Arabic Studies,

Near Eastern Languages and Cultures, The Ohio State University