Authority, Continuity and Change in Islamic Law

A penetrating analysis of the relationship between authority, continuity and change in Islamic law.

Wael B. Hallaq (Author)

9780521023931, Cambridge University Press

Paperback / softback, published 17 November 2005

284 pages
23 x 15.5 x 2 cm, 0.426 kg

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 rigour and innovation.

1. Juristic typologies: a framework for enquiry
2. Early ijtihad and the later construction of authority
3. The rise and augmentation of school authority
4. Taqlid: authority, hermeneutics and function
5. Operative terminology and the dynamics of legal doctrine
6. The jurisconsult, the author-jurist and legal change
Summary and conclusions.

Subject Areas: Comparative law [LAM], Islamic law [LAFS], Jurisprudence & general issues [LA], Religion: general [HRA]