Part I. The Pre-Modern Tradition: 1. The formative period; 2. Legal theory: epistemology, language, and legal reasoning; 3. Legal education and the politics of law; 4. Law and society; 5. The circle of justice and later dynasties; Part II. The Law: An Outline: 6. Legal pillars of religion; 7. Contracts and other obligations; 8. Family law and succession; 9. Property and ownership; 10. Offenses; 11. Jihad; 12. Courts of justice, suits and evidence; Part III. The Sweep of Modernity: 13. The conceptual framework: an introduction; 14. The jural colonization of India and South-East Asia; 15. Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth century; 16. Modernizing the law in the age of nation-states; 17. In search of a legal methodology; 18. Repercussions: concluding notes.
Wael Hallaq's magisterial overview of Shari'a examines the doctrines and practices of Islamic law from the seventh century to the present.
Wael B. Hallaq is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a world-renowned scholar whose publications include The Origins and Evolution of Islamic Law (Cambridge, 2004), Authority, Continuity and Change in Islamic Law (Cambridge, 2001) and A History of Islamic Legal Theories (Cambridge, 1997).
'This masterpiece, to which Wael Hallaq brings the full force of
his unparalleled knowledge of the Shari`a … supplies a riveting
account of the history of Islamic legal institutions and doctrines,
as well as the lived experience of the law. His discussions … mark
the coming to full fruition of a new and compelling paradigm in
Islamic legal studies. This book promises to be the seminal work in
the field for many years to come.' Judith E. Tucker, Professor of
History and Director, Academic Programs in Arab Studies, Georgetown
University
'A work of deep learning and great theoretical sophistication, yet
highly accessible, this book offers an unrivaled introduction to
the Islamic legal tradition. The moral underpinnings of the law
have never before been highlighted more clearly or in such varied
social and political contexts. Hallaq's portrayal of how the
Shari`a has come to be imagined in the modern world and the
transformative impact of the nation-state on all facets of Islamic
law brings new perspectives to the study of colonial and
post-colonial societies, Muslim politics, and modern Islamic
thought.' Muhammad Qasim Zaman, author of The Ulama in Contemporary
Islam
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