What goes into a Paradigm?: Some reflections on gender-issue differences' between Sunni law schools, and the problematic of their historical attribution
Traditional Islamic law developed within a number of paradigmatic blueprints that were later ascribed to the founders' of law schools'. This law was neither code-driven civil law' in the sense of the Napoleonic code, nor was it common law' in the English and American sense. S...
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| Format: | Electronic/Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Routledge
[1998]
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| In: |
Islam and Christian-Muslim relations
Year: 1998, Volume: 9, Issue: 3, Pages: 269-283 |
| Online Access: |
Volltext (doi) |
| Summary: | Traditional Islamic law developed within a number of paradigmatic blueprints that were later ascribed to the founders' of law schools'. This law was neither code-driven civil law' in the sense of the Napoleonic code, nor was it common law' in the English and American sense. Speaking mainly in the language of traditions, medieval scholars formulated legal rules whose admissibility depended on communal consensus regarding their validity. Many of the rules remained imbedded in examples', Hadith-reported case studies, and/or qur'anic exegesis, while the underlying principles formed part of the developing legal tradition. That they were not codified provided the latter with an inherent flexibility, enabling judges and jurisconsults not just to apply, but to develop the law. The following article is a study of a legal concept, tahlil marriage, and the ways in which the four extant Sunni law schools have dealt with this notion, including the development of legal categories that were brought to, and derived from, the concept in question. |
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| ISSN: | 0959-6410 |
| Contains: | Enthalten in: Islam and Christian-Muslim relations
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| Persistent identifiers: | DOI: 10.1080/09596419808721155 |