Wael B. Hallaq

ما هي الشريعة؟

قصور الاستشراق

The Authenticity of Prophetic Hadith

مدخل إلى الشريعة الإسلامية

إصلاح الحداثة

In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

Theory, Practice, Transformations

Sharī'a

Since Edward Said’s foundational work, Orientalism has been singled out for critique as the quintessential example of Western intellectuals’ collaboration with oppression. Controversies over the imbrications of knowledge and power and the complicity of Orientalism in the larger project of colonialism have been waged among generations of scholars. But has Orientalism come to stand in for all of the sins of European modernity, at the cost of neglecting the complicity of the rest of the academic disciplines? In this landmark theoretical investigation, Wael B. Hallaq reevaluates and deepens the critique of Orientalism in order to deploy it for rethinking the foundations of the modern project. Refusing to isolate or scapegoat Orientalism, Restating Orientalism extends the critique to other fields, from law, philosophy, and scientific inquiry to core ideas of academic thought such as sovereignty and the self. Hallaq traces their involvement in colonialism, mass annihilation, and systematic destruction of the natural world, interrogating and historicizing the set of causes that permitted modernity to wed knowledge to power. Restating Orientalism offers a bold rethinking of the theory of the author, the concept of sovereignty, and the place of the secular Western self in the modern project, reopening the problem of power and knowledge to an ethical critique and ultimately theorizing an exit from modernity’s predicaments. A remarkably ambitious attempt to overturn the foundations of a wide range of academic disciplines while also drawing on the best they have to offer, Restating Orientalism exposes the depth of academia’s lethal complicity in modern forms of capitalism, colonialism, and hegemonic power.

A Critique of Modern Knowledge

Restating Orientalism

Issa J. Boullata

Kamal Abdel-Malek

In this collection of essays, various manifestations of traditional as well as modern and postmodern themes and techniques in Arabic literature are explored. For the first time the tripartite concepts of tradition, modernity, and postmodernity in Arabic literary works are analyzed in one volume.

Essays in Honor of Professor Issa J. Boullata

Tradition, Modernity, and Postmodernity in Arabic Literature

Wael B. Hallaq boldly argues that the ÒIslamic state,Ó judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernityÕs moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the stateÕs technologies of the self are severely lacking in moral substance, and todayÕs Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine ShariÕa governance. The IslamistsÕ constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other Òcrises of IslamÓ are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Islam, Politics, and Modernity's Moral Predicament

The Impossible State

Donald Presgrave Little

Charles Joseph Adams

This tribute to Charles J. Adams from colleagues and students includes essays on numerous aspects of Islamic civilization, beginning with early Islam down to the modern period. The Qur'?n receives the attention of five authors: Andrew Rippin focuses on references to the pre-Islamic Han?fs, while Issa Boullata traces poetic citation in Qur'?nic exegesis. Sulami's commentary is discussed by Gerhard Bowering, and Hallaq draws attention to the unique place the Qur'?n occupied in Sh?tib?'s legal theory. Finally, W.C. Smith looks at the Qur'?n from a comparativist perspective. Ulrich Haarmann and Donald P. Little deal, respectively, with the attitudes of medieval Egyptians towards the Pyramids, and the nature of S?f? institutions under the Mamluks. Mehdi Mohaghegh, Hasan Murad and Paul Walker treat philosophical and theological issues, while Eric Ormsby analyzes the structure of experience in Ghazali. Sajida Alvi explores the religious writings of the eighteenth-century Indian scholar Pan?pat?, and Uner Turgay examines Circassian immigration to the Ottoman Empire in the nineteenth century. Orthodoxy and aberrancy in the Ithna 'Ashar? tradition is the subject of Savory's article, and the notion of literature in Arab and Islamic culture is treated by Wickens. Finally, Bernard Weiss compares Islamic and Western conceptions of law.

Islamic Studies Presented to Charles J. Adams

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

An Introduction to Islamic Law

Professor Wael B Hallaq

Publisher Description (unedited publisher data) Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigor and innovation. Library of Congress subject headings for this publication: Islamic law, Authority Religious aspects Islam.

Authority, Continuity and Change in Islamic Law

The history of Islamic law from pre-Islamic times across three centuries.

The Origins and Evolution of Islamic Law

Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

An Introduction to Sunni Usul Al-fiqh

A History of Islamic Legal Theories

Reforming Modernity is a sweeping intellectual history and philosophical reflection built around the work of the Morocco-based philosopher Abdurrahman Taha, one of the most significant philosophers in the Islamic world since the colonial era. Wael B. Hallaq contends that Taha is at the forefront of forging a new, non-Western-centric philosophical tradition. He explores how Taha’s philosophical project sheds light on recent intellectual currents in the Islamic world and puts forth a formidable critique of Western and Islamic modernities. Hallaq argues that Taha’s project departs from—but leaves behind—the epistemological grounds in which most modern Muslim intellectuals have anchored their programs. Taha systematically rejects the modes of thought that have dominated the Muslim intellectual scene since the beginning of the twentieth century—nationalism, Marxism, secularism, political Islamism, and liberalism. Instead, he provides alternative ways of thinking, forcefully and virtuosically developing an ethical system with a view toward reforming existing modernities. Hallaq analyzes the ethical thread that runs throughout Taha’s oeuvre, illuminating how Taha weaves it into a discursive engagement with the central questions that plague modernity in both the West and the Muslim world. The first introduction to Taha’s ethical philosophy for Western audiences, Reforming Modernity presents his complex thought in an accessible way while engaging with it critically. Hallaq’s conversation with Taha’s work both proffers a cogent critique of modernity and points toward answers for its endemic and seemingly insoluble problems.

Wael B. Hallaq

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