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نشأة الفقه الإسلامي وتطوره
by Wael B. Hallaq , وائل حلاّق , رياض الميلادي — published 2004 — 3 editions |
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An Introduction to Islamic Law
— published 2008 |
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السلطة المذهبية: التقليد والتجديد في الفقه الإسلامي
by Wael B. Hallaq, رياض الميلادي , فهد بن عبد الرحمن الحمودي — published 2005 — 2 editions |
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تاريخ النظريات الفقهية في الإسلام: مقدمة في أصول الفقه السني
by Wael B. Hallaq, وائل حلاّق , رياض الميلادي — published 1997 — 3 editions |
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Shari'a: Theory, Practice, Transformations
— published 2009 |
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The Impossible State: Islam, Politics, and Modernity's Moral Predicament
— published 2012 |
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Was al-Shafii the Master Architect of Islamic Jurisprudence?
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Islamic Studies Presented to Charles J. Adams
— published 1991 |
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The Formation of Islamic Law
— published 2004 |
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Law and Legal Theory in Classical and Medieval Islam
— published 1995 |
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“All things in this world are historical.”
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
“Minor segments of earlier history may have been rescued or 'retrieved' -- e.g. Greek 'democracy,' Aristotle, the Magna Carta, etc. -- but these remain subservient, if not instrumental, to the imperatives of the modern historical narrative and to the progress of 'Western civilization.' African and Asia, in most cases, continue to struggle in order to catch up, in the process not only forgoeing the privilege of drawing on their own traditions and historical experiences that shaped who they were and, partly, who they have become but also letting themselves be drawn into devastating wars, poverty, disease and the destruction of their natural environment. Modernity, whose hegemonic discourse is determined by the institutions and intellectuals of the powerful modern West, has not offered a fair shake to two-thirds of the world's population, who have lost their history and, with it, their organic ways of existence.”
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
“"The indictment [the Western/modern question, 'Why be moral?'] also issued from a gross underrating of the 'moral' force that was regarded within the Islamic tradition as an essential and integral part of the 'law.' At the foundation of this underrating stood the observer's ideological judgement about religion (at least the Islamic religion), a judgment of repugnance, especially when religion as a moral and theological force is seen to be fused with law. The judgement, in other words, undercuts a proper apprehension of the role of modernity as a legal form, of its power and force. Historical evidence [in modernity/Enlightenment thought and its intellectual progeny] was thus made to fit into what makes sense to us, not what made sense to a culture that defined itself -- systematically, teleologically, and existentially -- in different terms. This entrenched repugnance for the religious -- at least in this case to the 'Islamic' in Muslim societies -- amounted, in legal terms, to the foreclosure of the possibility of considering the force of the moral within the realm of the legal, and vice versa. Theistic teleology, eschatology, and socially grounded moral gain, status, honor, shame, and much else of a similar type were reduced in importance, if not totally set aside, in favor of other explanations that 'fit better' within our preferred, but distinctively modern, countermoral systems of value. History was brought down to us, to the epistemological here and now, according to our own terms, when in theory no one denies that it was our historiographical set of terms that ought to have been subordinated to the imperatives of historical writing.”
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
― Wael B. Hallaq, The Impossible State: Islam, Politics, and Modernity's Moral Predicament
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