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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 Mukhtäar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtäar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtäar 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 Mukhtäar continue the hermeneutical formation of Islamic legal system.
List of contents
Chapter One Al-Sh¿fi¿¿'s Concept of Hermeneutics: The Ris¿la and the Role it has played in the hermeneutical Formation of Islamic legal system
Chapter Two Hermeneutics in the Genre of Mukhtäar, its Significance, and Emergence in the Formation of Islamic legal system
Chapter Three Sh¿fi¿¿ School of Law: Hermeneutics as Reflected in K al-Umm, al-Muzan¿'s Mukhtäar, and al-Sh¿r¿z¿'s Tanb¿h
Chapter Four ¿anaf¿ School of Law: Hermeneutics as Reflected in al-¿ä¿w¿'s Mukhtäar, al-Qud¿r¿'s Mukhtäar, and al-Margh¿n¿n¿'s Hid¿ya in Refrence
Chapter Five ¿anbal¿ School of Law: Hermeneutics as Reflected in A¿mad ibn ¿ambal's Mas¿¿il Collections and al-Khiraq¿'s Mukhtäar
Chapter Six M¿lik¿ School of Law: Hermeneutics as Refleced in Khal¿l's Mukhtäar
Chapter Seven Differences of Opinion in Different Schools of Law from the Hermeneutical Perspective
About the author
Husain Kassim is emeritus associate professor, University of Central Florida.
