Dynamics of Tradition

Islamic Theology and Law in Relation

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This book invites the reader to explore how Islamic theology and law have shaped, challenged, and inspired each other across centuries. What does it mean, for example, when a legal rule embodies theological debates on divine justice? We unpack questions like this by diving into the rich history and modern-day relevance of theology and legal theory in Islam, using rare manuscripts and new historical findings. The book’s contributors offer fresh perspectives on how Islamic scholars tackled pressing social issues and adapted their thought to evolving contexts. This work stands out for its engaging examination of Islam's intellectual legacy and its potential pathways for today.

Contributors are Mohammed Abdelrahem, Ahmad Atif Ahmad, Maha El-Kaisy, Mohammed Fadel, Ramon Harvey, Serdar Kurnaz, Abdul Rahman Mustafa, Najah Nadi and David Vishanoff.

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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).
Contents
Preface
List of Figures

Introduction
 Idris Nassery and Muna Tatari

Part 1 Trajectories
 1 My Name Is Uṣūl al-Fiqh  Ahmad Atif Ahmad

2 Theologies of Divine Speech and the Human Exigencies of Law: a Conundrum for Classical and Contemporary Islamic Legal Hermeneutics
 David R. Vishanoff

Part 2 Mechanics
 3 Epistemology and Legal Theory in al-Dabūsī’s Taqwīm al-adilla: a Case Study on How Epistemological Assumptions Can Affect Legal Theory, Law, and Theology
 Serdar Kurnaz
 4 The Late Classical Concept of Proof (dalīl) and Its Foundationalist and Occasionalist Features
 Najah Nadi
 5 Impact of Theological Attitudes on Legal Thinking: Reason and Maṣlaḥa in the Legal Thought of Muḥammad ʿAbduh (d. 1323/1905)
 Mohammed Abdelrahem

Part 3 Perspectives
 6 Al-Shāfiʿī, God’s Rule (ḥukm allāh) and the Turn to Theology
 Mohammad Fadel
 7 Al-Māturīdī on the Cause (sabab) and Human Action between Kalām and Uṣūl al-Fiqh  Ramon Harvey
 8 ʿAbd al-Jabbār on Good and Evil, and the Divine Law taklīf  Maha El Kaisy-Friemuth

9 Failure Becomes the Law
 Abdul Rahman Mustafa
This book is essential for academic institutes, specialists, and graduate students in Islamic studies, legal theory, and theology, as well as libraries seeking resources on interdisciplinary Islamic scholarship.
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