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From text to law: Islamic legal theo...

Brunelle, Carolyn Anne.

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From text to law: Islamic legal theory and the practical hermeneutics of Abu Ja 'far Ah&dotbelow;mad al-T&dotbelow;ah&dotbelow;awi (d. 321/933).

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	From text to law: Islamic legal theory and the practical hermeneutics of Abu Ja 'far Ah&dotbelow;mad al-T&dotbelow;ah&dotbelow;awi (d. 321/933)./
作者:	Brunelle, Carolyn Anne.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2016,
面頁冊數:	315 p.
附註:	Source: Dissertation Abstracts International, Volume: 78-04(E), Section: A.
Contained By:	Dissertation Abstracts International78-04A(E).
標題:	Islamic studies. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10190209
ISBN:	9781369338645

From text to law: Islamic legal theory and the practical hermeneutics of Abu Ja 'far Ah&dotbelow;mad al-T&dotbelow;ah&dotbelow;awi (d. 321/933).
Brunelle, Carolyn Anne.

From text to law: Islamic legal theory and the practical hermeneutics of Abu Ja 'far Ah&dotbelow;mad al-T&dotbelow;ah&dotbelow;awi (d. 321/933). - Ann Arbor : ProQuest Dissertations & Theses, 2016 - 315 p.

Source: Dissertation Abstracts International, Volume: 78-04(E), Section: A.

Thesis (Ph.D.)--University of Pennsylvania, 2016.

Scholars of Islamic law point to the absence of any extant work of legal theory between the Risala of al-Shafi'i and the Fus&dotbelow;ul of al-Jas&dotbelow;s&dotbelow;as&dotbelow; as a major barrier to reconstructing the history of Islamic legal thought. However, careful analysis of three major works of the H&dotbelow;anafi jurist al-T&dotbelow;ah&dotbelow;awi, Ah&dotbelow;kam al-Qur'an, Sharh&dotbelow; ma'ani al-athar and Sharh&dotbelow; mushkil al-athar, reveals the existence of myriad brief passages elaborating questions of legal theory scattered throughout their many volumes. This study reconstructs the legal thought of al-T&dotbelow;ah&dotbelow;awi as a window onto legal theory in the late 3rd/9th and early 4 th/10th centuries, a crucial period of transformation between late formative and post-formative Islamic law. It argues that al-T&dotbelow;ah&dotbelow;awi's works are not direct precursors to the genre of us&dotbelow;ul al-fiqh, but instead represent a different, previously unrecognized, type of intellectual and literary activity. This activity, here termed practical hermeneutics, is concerned with demonstrating in detail how individually coherent rules of law may be derived from the often messy texts of revelation. The integrated reading of al-T&dotbelow;ah&dotbelow;awi's entire hermeneutical corpus uncovers several areas in which his legal thought departs quite notably from that of other jurists, suggesting that al-T&dotbelow;ah&dotbelow;awi was neither as dependent on al-Shafi'i nor as closely related to mature us&dotbelow;ul al-fiqh as has been suggested in previous studies. Most crucially, al-T&dotbelow;ah&dotbelow;awi's works unsettle accepted accounts of Islamic legal theory which assign varying levels of authority to a series of clearly distinguished legal sources---Qur'an, Sunna, consensus, etc. This study demonstrates that, in contrast to both al-Shafi'i and later us&dotbelow;ulis, al-T&dotbelow;ah&dotbelow;awi's legal thought blurs boundaries between these categories and instead rests upon an underlying binary concept of legal authority which draws a crucial distinction between knowledge that might permissibly be reached by inference, and knowledge that can only have come from revelation. The authority that al-T&dotbelow;ah&dotbelow;awi grants any given source is therefore not a function of its formal characteristics, but rather the result of his own judgment about content and origins.

ISBN: 9781369338645Subjects--Topical Terms:

1082939
Islamic studies.

From text to law: Islamic legal theory and the practical hermeneutics of Abu Ja 'far Ah&dotbelow;mad al-T&dotbelow;ah&dotbelow;awi (d. 321/933).
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