Visions of Sharīʿa

Contemporary Discussions in Shī ͑ī Legal Theory

Series:

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.

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Biographical Note

Dr Ali-Reza Bhojani, Ph.D. (2013), Durham University, is a Researcher at the University of Oxford and Honorary Research Fellow in Theology and Religious Studies at the University of Nottingham. His publications include Moral Rationalism and Shari’a (Routledge, 2015).

Dr Laurens de Rooij, PhD (2016), Durham University, is visiting Lecturer of Islamic Studies at the University of Chester, and visiting researcher at the University of Cape Town. He has published a number of works, including Media Discourses, Muslims, and non-Muslims in the UK (Manchester University Press, 2019), and his forthcoming work Muslims and Representative Engagement (Routledge, 2020).

Professor Michael Bohlander holds the Chair in Comparative and International Criminal Law at Durham Law School. From 2015 – 2019, he was the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. In 2017, he was appointed a judge at the Kosovo Specialist Chambers in the Hague. He is the author/editor of over 200 publications, including translations of his work into Chinese, Farsi, French, Khmer, Spanish and Turkish.

Table of 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

Readership

Scholars of comparative law, islamic law, and shia or islamic theology

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