This book invites the reader to explore how Islamic theology and law have shaped, challenged, and inspired each other across centuries. What does it mean, for example, when a legal rule embodies theological debates on divine justice? We unpack questions like this by diving into the rich history and modern-day relevance of theology and legal theory in Islam, using rare manuscripts and new historical findings. The books contributors offer fresh perspectives on how Islamic scholars tackled pressing social issues and adapted their thought to evolving contexts. This work stands out for its engaging examination of Islam's intellectual legacy and its potential pathways for today.
Contributors are Mohammed Abdelrahem, Ahmad Atif Ahmad, Maha El-Kaisy, Mohammed Fadel, Ramon Harvey, Serdar Kurnaz, Abdul Rahman Mustafa, Najah Nadi and David Vishanoff.
Contents
Preface
List of Figures
Introduction
Idris Nassery and Muna Tatari
Part 1 Trajectories
1My Name Is Ul al-Fiqh
Ahmad Atif Ahmad
2 Theologies of Divine Speech and the Human Exigencies of Law: a Conundrum
for Classical and Contemporary Islamic Legal Hermeneutics
David R. Vishanoff
Part 2 Mechanics
3Epistemology and Legal Theory in al-Dabss Taqwm al-adilla: a Case
Study on How Epistemological Assumptions Can Affect Legal Theory, Law, and
Theology
Serdar Kurnaz
4The Late Classical Concept of Proof (dall) and Its Foundationalist and
Occasionalist Features
Najah Nadi
5Impact of Theological Attitudes on Legal Thinking: Reason and Malaa in
the Legal Thought of Muammad Abduh (d. 1323/1905)
Mohammed Abdelrahem
Part 3 Perspectives
6Al-Shfi, Gods Rule (ukm allh) and the Turn to Theology
Mohammad Fadel
7Al-Mturd on the Cause (sabab) and Human Action between Kalm and Ul
al-Fiqh
Ramon Harvey
8Abd al-Jabbr on Good and Evil, and the Divine Law taklf
Maha El Kaisy-Friemuth
9 Failure Becomes the Law
Abdul Rahman Mustafa
Idris Nassery, University of Paderborn, is Professor of Islamic Law. He has published monographs, translations, and numerous articles on Islamic law, legal philosophy, and comparative law. He is co-editor of The Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a (2018).
Muna Tatari, University of Paderborn, is Professor of Islamic Systematic Theology. Her research interests include Islamic systematic theology, as well as political, liberation, and comparative theology. She is co-author of Mary in the Qur'an: Friend of God, Virgin, Mother (2022).
