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The Qur'an and Shari'a • Author: Wael Hallaq • 2019
JOD
Get it by 5 Aug | Order in 3 Hours 13 Minutes
The Qur'an and Shari'a: Towards a New Islamic Constitutionalism. In the context of the ongoing debate about the relationship between Shari'a, law, and ethics, it becomes crucial to rescue discussions from the burdens of political framing and return them to the arena of thought and systematic debate. This was the idea behind this book, 'The Qur'an and Shari'a,' which contains four studies whose importance stems from their contribution to both constitutional and political theory. They strongly contribute to the search for answers to central questions about the nature of 'governance' in Islam—not only in the sense of a constitutional framework but also in terms of the standards for judging right and wrong, permissible and forbidden, righteousness and corruption, benefit and harm, and more. It also reviews concepts of the system of 'governance' in terms of the separation of powers and the position of Fiqh (Islamic jurisprudence) in relation to law and the bonds that unite them in the Islamic conception. These are all necessary intellectual frameworks before striving for ijtihad (independent legal reasoning) in the practical-institutional and corrective formulas for the Arab and Islamic reality towards more comprehensive and effective systems of justice.
In this book, the reader moves from reviewing and critiquing Joseph Schacht's assumptions in the first chapter to formulating a vision for Islamic constitutionalism and the system of governance in the second chapter. Then, in the third chapter, a return to an overview of the usuli (methodological) approach to understanding the Qur'an's authority and the arguments presented by al-Shatibi in refuting his opponents, leading to a topic that raises many questions about the possibility of reviving the Shari'a in the fourth chapter.