Full Description
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.
Contents
Preface
Notes on Contributors
Visions of Sharīʿa: An Introduction
Ali-Reza Bhojani
1 The Reception of Factuality (taṣwīb) Theories of Ijtihād in Modern Uṣūlī Shīʿī Thought
Seyyed Mostafa Mohaghegh Damad
2 Reassessing the Pivotal Role of Certainty in Modern Shīʿī Uṣūlī Legal Method: A Case for Accepting a Wider Range of Evidence in the Inference of Sharīʿa Precepts
Hashim Bata
3 The Role of the Quran in Legal Reasoning (Ijtihād): A Shīʿī Perspective
Rahim Nobahar
4 From Theory to Practice: The Role of the Subject in the Derivation of Rulings and Its Potential in Creating a System of Case Law for the Operation of Shīʿī Law
Imranali Panjwani
5 Strategic Juristic Omission and the Non-Muslim Blood Price: An Examination of Shīʿī Fiqh and Practice
Haider Ala Hamoudi
6 Towards the Hermeneutics of a Justice-Oriented Reading of Sharīʿa
Ali-Reza Bhojani
7 Maqāṣid al-Sharīʿa Discourse in Contemporary Shīʿī Jurisprudence
Hassan Beloushi
Epilogue
Robert Gleave
Appendix: al-Sayyid ʿAlī al-Ḥusaynī al-Sīstānī on Uṣūl al-fiqh in Twelver Shīʿī Thought: Its Importance and Historical Phases
Ali-Reza Bhojani
Index
