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Islamic Jurisprudence on the Regulation of Armed Conflict

Islamic Jurisprudence on the Regulation of Armed Conflict

Publisher Brill Academic Publishing
Year 01/11/2019
Edition First
Pages 276
Version hardback
Readership level Professional and scholarly
Language English
ISBN 9789004314641
Categories History, History: earliest times to present day, Legal history, International law
$183.26 (with VAT)
696.00 PLN / €153.03 / £133.24
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Book description

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a "true" interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.

Islamic Jurisprudence on the Regulation of Armed Conflict

Table of contents




1 How Do We Study Islamic Legal History?

2 Indeterminacy in Islamic Jurisprudence on the Regulation of Armed Conflict

3 Primary Concerns of Classical Jurisprudence

1 Islamic Jurisprudence in the Expansive Empire

1 Al-Shaybani: a Jurist-Judge

2 Al-Sha fi'i and the Exclusionary Project

3 Conclusion

2 The Muslim World at the Frontiers: Al-Andalus

Section One: Andalusi Jurisprudence

1 Al-Andalus: Loss of Muslim Power

2 Ibn Hazm and the Ta'ifa States

3 The Jurist-Judge in al-Andalus: Ibn Rushd al-Jadd

4 Remarks on Andalusi Jurisprudence

Section Two: the Mongol "Threat"

5 Ibn Taymiyya and "Quasi"-Muslims

3 Mainstream Narratives

1 Official Institutions

2 Mainstream Independent Scholarship

3 Mainstream Scholarship: a New Consensus?

4 Contemporary Militant Approaches

1 The Complexity of Militant Literature

2 al-Qa'ida Debated

3 ISIS: the "Fear Doctrine"

4 Militant Groups: Concluding Remarks

Conclusion: Authority and the Classical Tradition

1 Personal Ra 'y: Employed by Its Critics

2 Modern Projects: Eclectic Approaches to Classical Legal Authority

3 Modern Institutions: What Can They Do?



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