Islamic Law and Culture, 1600-1840

By Haim Gerber | Go to book overview

SUMMARY AND CONCLUSION

This study was undertaken in an attempt to build a general picture of Islamic law in the last phase of its existence as part of classical Islam properly speaking (the sixteenth to eighteenth centuries). This was done on the basis of the work of three major muftis who lived in this period—Ebu Suud Efendi, the sixteenth-century Ottoman Şeyhülislam; the seventeenth-century Palestinian mufti Khayr al-Dīn al-Ramlī; and the early nineteenth-century Damascene mufti Muḥammad Amīn Ibn ʿĀbidīn. These muftis were selected because of their recognized juristic stature and because of the often detailed fatwas which they wrote, fatwas which allow a penetrating and close-range look into the structure of contemporary legal thought in Islam.

Some of the characteristics of Islamic law at this time are specific to the period, while some are continuations of characteristics directly derived from classical Islam. In the latter context I encountered some serious disagreements between what I found in the original materials and older descriptions of Islamic law. I therefore found it useful to posit the main points of the older Orientalist literature on Islamic law as the organizing framework of this study, starting with a number of questions raised in this literature. One such question is whether Islamic law should be understood as a list of duties incumbent on the believer and nothing more. Another is whether indeed Islamic law had nothing whatsoever to do with the world of social practice, towards which the jurists only nursed bitter feelings of resentment and even abhorrence. A third question deals with the relations between Islamic law and the state, and more specifically with the argument that these relations were soured beyond repair, since Islamic law, being a jurists' law, had no connection to the state in terms of its origins; hence the jurists resented the state, though sometimes, out of fear and despair, they preached obedience to it. In the context of the fourth question we considered the claim that after the final establishment of the schools of law in the third/ninth century Islamic law became ossified and paralyzed, based on pure imitation, taqlīd, which came in place of ijtihād, free thinking. The fifth question is concerned with the argument that Islamic law lacked sophisticated reasoning, and was based rather upon a simple logic of trying to

-133-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Islamic Law and Culture, 1600-1840
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 156

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.