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 bookâs 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.
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
âIdris Nassery and Muna Tatari
Part 1 Trajectories
â1âMy Name Is Uṣūl al-Fiqh âAhmad Atif Ahmad
2 Theologies of Divine Speech and the Human Exigencies of Law: a Conundrum for Classical and Contemporary Islamic Legal Hermeneutics
âDavid R. Vishanoff
Part 2 Mechanics
â3âEpistemology and Legal Theory in al-DabÅ«sÄ«âs TaqwÄ«m al-adilla: a Case Study on How Epistemological Assumptions Can Affect Legal Theory, Law, and Theology
âSerdar Kurnaz
â4âThe Late Classical Concept of Proof (dalÄ«l) and Its Foundationalist and Occasionalist Features
âNajah Nadi
â5âImpact of Theological Attitudes on Legal Thinking: Reason and Maá¹£laḥa in the Legal Thought of Muḥammad Ê¿Abduh (d. 1323/1905)
âMohammed Abdelrahem
Part 3 Perspectives
â6âAl-ShÄfiʿī, Godâs Rule (ḥukm allÄh) and the Turn to Theology
âMohammad Fadel
â7âAl-MÄturÄ«dÄ« on the Cause (sabab) and Human Action between KalÄm and Uṣūl al-Fiqh âRamon Harvey
â8âÊ¿Abd al-JabbÄr on Good and Evil, and the Divine Law taklÄ«f âMaha El Kaisy-Friemuth
9 Failure Becomes the Law
âAbdul 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.