Dynamics of Tradition

Idris Nassery, University of Paderborn, is Professor of Islamic Law. He has published monographs, translations, and numerous articles on Islamic law, legal philosophy, and comparative law. He is co-editor of The Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a (2018).Muna Tatari, University of Paderborn, is Professor of Islamic Systematic Theology. Her research interests include Islamic systematic theology, as well as political, liberation, and comparative theology. She is co-author of Mary in the Qur'an: Friend of God, Virgin, Mother (2022).

• ContentsPrefaceList of FiguresIntroductionIdris Nassery and Muna TatariPart 1 Trajectories1 My Name Is Uṣūl al-FiqhAhmad Atif Ahmad2 Theologies of Divine Speech and the Human Exigencies of Law: a Conundrum for Classical and Contemporary Islamic Legal HermeneuticsDavid R. VishanoffPart 2 Mechanics3 Epistemology and Legal Theory in al-Dabūsī’s Taqwīm al-adilla: a Case Study on How Epistemological Assumptions Can Affect Legal Theory, Law, and TheologySerdar Kurnaz4 The Late Classical Concept of Proof (dalīl) and Its Foundationalist and Occasionalist FeaturesNajah Nadi5 Impact of Theological Attitudes on Legal Thinking: Reason and Maṣlaḥa in the Legal Thought of Muḥammad ʿAbduh (d. 1323/1905)Mohammed AbdelrahemPart 3 Perspectives6 Al-Shāfiʿī, God’s Rule (ḥukm allāh) and the Turn to TheologyMohammad Fadel7 Al-Māturīdī on the Cause (sabab) and Human Action between Kalām and Uṣūl al-FiqhRamon Harvey8 ʿAbd al-Jabbār on Good and Evil, and the Divine Law taklīfMaha El Kaisy-Friemuth9 Failure Becomes the LawAbdul Rahman Mustafa