简介
Summary:
Publisher Summary 1
Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries, and considers juristic responses to the various terror-inducing strategies employed by rebels--including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contempoary practices. This is an important and challenging book which sheds light on the complexities of Islamic law, and pre-modern attitudes to dissidence and rebellion.
Publisher Summary 2
The first systematic treatment of political resistance and rebellion in Islamic law.
目录
Cover 1
Title 5
Copyright 6
Dedication 7
Contents 9
Preface and acknowledgments 10
Introduction 15
1 Modern scholarship and reorienting the approach to rebellion 22
ISLAMIC REBELLION IN MODERN SCHOLARSHIP 22
THE FUNCTION OF LAW AND THE ROLE OF JURISTS 37
CONCLUSION 44
2 The doctrinal foundations of the laws of rebellion 46
THE ORIGINS OF THE DISCOURSE 46
THE DOCTRINAL SOURCES 48
THE BAGHY VERSE 51
THE HIR膧BA VERSE 61
CONCLUSION 75
3 The historical context and the creative response 76
THE EARLY CONTEXT AND IBN TAYMIYYA\u2019S CLAIMS 76
THE EARLY REBELLIONS AND THE JURISTS 82
THE INQUISITION AND THE CLASH WITH JURISTS 104
THE SURVIVAL AND ENTRENCHMENT OF THE JURISTIC CULTURE 106
QUIETISM, ACTIVISM, AND LEGAL TECHNICALITIES 110
4 The rise of the juristic discourse on rebellion: fragmentation 114
TERROR AND THE JURIDICAL RESPONSE 114
THE NOTION OF DELAYED LEGAL RESPONSE 123
THE EMERGENCE OF THE DISCOURSE ON REBELLION: FROM REPORTS TO LAW 125
THE TRADITIONS OF OBEDIENCE 126
THE COUNTER-OBEDIENCE TRADITIONS 132
THE DISCOURSE OF REPORTS ON REBELLION AND BANDITRY 145
THE EARLY JURISTIC EXPOSITIONS ON REBELLION 149
AL-SH膧FIc莫\u2019S DISCOURSE ON THE LAW OF REBELLION 161
CONCLUSION 172
5 The spread of the Islamic law of rebellion from the fourth/tenth to the fifth/eleventh centuries 176
ADOPTION AND CHANGE IN THE JURISTIC CULTURE 176
THE CONSOLIDATION AND SPREAD OF A LEGAL TRADITION: THE SH膧FIc莫 AND HANBAL莫 ADVOCACY 178
THE SYSTEMATIC OBJECTORS AND THE RELUCTANT BORROWERS: THE HANAF莫S AND M膧LIK莫S 203
THE COUNTER-TRADITION OF THE DISSENTERS: THE SH莫c莫 AND Z膧HIR莫 ALTERNATIVE 223
CONCLUSION: THE SURVIVING LEGACY OF AHK膧M AL-BUGH膧H 243
6 Rebellion, insurgency, and brigandage: the developed positions and the emergence of trends 248
THE TRADITIONAL TREND 251
THE M膧LIK莫 TRADITIONALISTS 264
AL-WANSHAR莫S莫\u2019S RESPONSA AND THE POSSIBLE IMPACT OF THE TRADITIONAL TREND 277
THE REVISIONIST TREND 284
THE LINGUISTIC PRACTICE AND THE SYMBOLISMS OF REBELLION AND TERROR 301
CONCLUSION 307
7 The developed non-Sunn墨 positions 309
THE IM膧M莫 SH莫c莫 SCHOOL 309
THE ZAYD莫 SCHOOL 316
THE IB膧D莫 SCHOOL 320
CONCLUSION: LEGAL BORROWING AND THE NEGOTIATIVE PROCESS 333
8 Negotiating rebellion in Islamic law 335
REBELLION AND THE LINGUISTIC PRACTICE OF MUSLIM JURISTS 335
THE LAW OF REBELLION IN THE MODERN AGE 347
Works cited 357
Index of names 386
Index of subjects 392
Title 5
Copyright 6
Dedication 7
Contents 9
Preface and acknowledgments 10
Introduction 15
1 Modern scholarship and reorienting the approach to rebellion 22
ISLAMIC REBELLION IN MODERN SCHOLARSHIP 22
THE FUNCTION OF LAW AND THE ROLE OF JURISTS 37
CONCLUSION 44
2 The doctrinal foundations of the laws of rebellion 46
THE ORIGINS OF THE DISCOURSE 46
THE DOCTRINAL SOURCES 48
THE BAGHY VERSE 51
THE HIR膧BA VERSE 61
CONCLUSION 75
3 The historical context and the creative response 76
THE EARLY CONTEXT AND IBN TAYMIYYA\u2019S CLAIMS 76
THE EARLY REBELLIONS AND THE JURISTS 82
THE INQUISITION AND THE CLASH WITH JURISTS 104
THE SURVIVAL AND ENTRENCHMENT OF THE JURISTIC CULTURE 106
QUIETISM, ACTIVISM, AND LEGAL TECHNICALITIES 110
4 The rise of the juristic discourse on rebellion: fragmentation 114
TERROR AND THE JURIDICAL RESPONSE 114
THE NOTION OF DELAYED LEGAL RESPONSE 123
THE EMERGENCE OF THE DISCOURSE ON REBELLION: FROM REPORTS TO LAW 125
THE TRADITIONS OF OBEDIENCE 126
THE COUNTER-OBEDIENCE TRADITIONS 132
THE DISCOURSE OF REPORTS ON REBELLION AND BANDITRY 145
THE EARLY JURISTIC EXPOSITIONS ON REBELLION 149
AL-SH膧FIc莫\u2019S DISCOURSE ON THE LAW OF REBELLION 161
CONCLUSION 172
5 The spread of the Islamic law of rebellion from the fourth/tenth to the fifth/eleventh centuries 176
ADOPTION AND CHANGE IN THE JURISTIC CULTURE 176
THE CONSOLIDATION AND SPREAD OF A LEGAL TRADITION: THE SH膧FIc莫 AND HANBAL莫 ADVOCACY 178
THE SYSTEMATIC OBJECTORS AND THE RELUCTANT BORROWERS: THE HANAF莫S AND M膧LIK莫S 203
THE COUNTER-TRADITION OF THE DISSENTERS: THE SH莫c莫 AND Z膧HIR莫 ALTERNATIVE 223
CONCLUSION: THE SURVIVING LEGACY OF AHK膧M AL-BUGH膧H 243
6 Rebellion, insurgency, and brigandage: the developed positions and the emergence of trends 248
THE TRADITIONAL TREND 251
THE M膧LIK莫 TRADITIONALISTS 264
AL-WANSHAR莫S莫\u2019S RESPONSA AND THE POSSIBLE IMPACT OF THE TRADITIONAL TREND 277
THE REVISIONIST TREND 284
THE LINGUISTIC PRACTICE AND THE SYMBOLISMS OF REBELLION AND TERROR 301
CONCLUSION 307
7 The developed non-Sunn墨 positions 309
THE IM膧M莫 SH莫c莫 SCHOOL 309
THE ZAYD莫 SCHOOL 316
THE IB膧D莫 SCHOOL 320
CONCLUSION: LEGAL BORROWING AND THE NEGOTIATIVE PROCESS 333
8 Negotiating rebellion in Islamic law 335
REBELLION AND THE LINGUISTIC PRACTICE OF MUSLIM JURISTS 335
THE LAW OF REBELLION IN THE MODERN AGE 347
Works cited 357
Index of names 386
Index of subjects 392
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