Hermeneutics in the Genre of Mukhtaar: Civil and Commercial Law in Islamic Law

(Hardback)

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This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtaar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtaar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtaar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtaar continue the hermeneutical formation of Islamic legal system.

Reviews

Husain Kassim elegantly shows the role and extent of textual hermeneutics in the Mukhtaar, the systematizing, summarizing and interpreting texts of Islamic law from the early days of Islamic jurisprudence. Kassims detailed and careful analysis demonstrates the interpretive and linguistic mechanisms of thought and meaning at work between the Qurn, the adth and Mukhtaar, which enables the application of legal and moral principles for specific circumstances and contexts. This book will be of interest not only to scholars of Islamic law, but also to historians and theorists of textual, legal, and religious hermeneutics. -- Bruce Janz, University of Central Florida

Author Bio

Husain Kassim is emeritus associate professor, University of Central Florida.