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Islamic Jurisprudence on the Regulation of Armed Conflict
Text and Context
Series: - History of Warfare, Volume: 127
Author:
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a âtrueâ interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
Nesrine Badawi, Ph.D (2011), School of Oriental and African Studies, University of London, is an Assistant Professor of Public and International Law at the American University in Cairo. Her work focuses on the regulation of armed conflict in Islamic law.
Contents
Acknowledgments
Introduction
â1âHow Do We Study Islamic Legal History?
â2âIndeterminacy in Islamic Jurisprudence on the Regulation of Armed Conflict
â3âPrimary Concerns of Classical Jurisprudence
1 Islamic Jurisprudence in the Expansive Empire
â1âAl-ShaybÄnÄ«: a Jurist-Judge
â2âAl-ShaÌfiÊ¿iÌ and the Exclusionary Project
â3âConclusion
2 The Muslim World at the Frontiers: Al-Andalus
âSection One: AndalusÄ« Jurisprudence
â1âAl-Andalus: Loss of Muslim Power
â2âIbn Ḥazm and the ṬÄÊ¿Ä«fa States
â3âThe Jurist-Judge in al-Andalus: Ibn Rushd al-Jadd
â4âRemarks on AndalusÄ« Jurisprudence
âSection Two: the Mongol âThreatâ
â5âIbn Taymiyya and âQuasiâ-Muslims
3 Mainstream Narratives
â1âOfficial Institutions
â2âMainstream Independent Scholarship
â3âMainstream Scholarship: a New Consensus?
4 Contemporary Militant Approaches
â1âThe Complexity of Militant Literature
â2âal-QÄÊ¿ida Debated
â3âISIS: the âFear Doctrineâ
â4âMilitant Groups: Concluding Remarks
Conclusion: Authority and the Classical Tradition
â1âPersonal Raâ ʾy: Employed by Its Critics
â2âModern Projects: Eclectic Approaches to Classical Legal Authority
â3âModern Institutions: What Can They Do?
Bibliography
Index
Acknowledgments
Introduction
â1âHow Do We Study Islamic Legal History?
â2âIndeterminacy in Islamic Jurisprudence on the Regulation of Armed Conflict
â3âPrimary Concerns of Classical Jurisprudence
1 Islamic Jurisprudence in the Expansive Empire
â1âAl-ShaybÄnÄ«: a Jurist-Judge
â2âAl-ShaÌfiÊ¿iÌ and the Exclusionary Project
â3âConclusion
2 The Muslim World at the Frontiers: Al-Andalus
âSection One: AndalusÄ« Jurisprudence
â1âAl-Andalus: Loss of Muslim Power
â2âIbn Ḥazm and the ṬÄÊ¿Ä«fa States
â3âThe Jurist-Judge in al-Andalus: Ibn Rushd al-Jadd
â4âRemarks on AndalusÄ« Jurisprudence
âSection Two: the Mongol âThreatâ
â5âIbn Taymiyya and âQuasiâ-Muslims
3 Mainstream Narratives
â1âOfficial Institutions
â2âMainstream Independent Scholarship
â3âMainstream Scholarship: a New Consensus?
4 Contemporary Militant Approaches
â1âThe Complexity of Militant Literature
â2âal-QÄÊ¿ida Debated
â3âISIS: the âFear Doctrineâ
â4âMilitant Groups: Concluding Remarks
Conclusion: Authority and the Classical Tradition
â1âPersonal Raâ ʾy: Employed by Its Critics
â2âModern Projects: Eclectic Approaches to Classical Legal Authority
â3âModern Institutions: What Can They Do?
Bibliography
Index
All interested in the study of Islamic regulation of armed conflict and development of Islamic law.