A critical study of Hallaq’s “Theory of Variation of Islamic law”
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Abstract
Much has been written in each part of the world about Islamic law. In our times "Modern State" based on "Modern Law" is a big challenge for Muslim communities to adapt "Modern Law" as "Islamic Law" Or to use sources of "Modern Law" as "Sources of Islamic law. From historical development, society is under variation so law is also variable thing and it is an acceptable and recommended concept in modern world.in the modern scenario it's a big challenge for Muslims to deal with this concept of variation in law and its sources. From Islamic history variation in Islamic law is adjustable with concept of Ijtihad.in this sense its acceptable concept to modify Islamic law according to need of society in accordance with modern law. Then why modifications in Islamic law in accordance with modern law are opposed in Muslim communities or states? What is difference between concept of variation in Islamic law developed by Muslim traditional communities and modern western scholars?
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References
Ignaz Goldziher, Introduction to Islamic Theology and Law, Princeton University Press, Princeton, New Jersey 1910.
Joseph Schacht, Introduction to Islamic law, Oxford University Press. Also read Joseph Schacht, Introduction to Islamic Jurisprudence, Oxford University Press.
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Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009.
Wael B.Hallaq, History of Islamic Legal Theories, Cambridge University Press, Published in 1997 (see discussion about Hadith)
Wael B.Hallaq, Introduction to Islamic Law, Cambridge University Press, Published in 2009 #01.
Wael B.Hallaq, Introduction to Islamic Law, Cambridge University Press, Published in 2009 #02.
Wael B.Hallaq, Origins and Evolution of Islamic Law, Cambridge University Press, Published in 2004.
Wael B.Hallaq, the Impossible State (Islam, Politics and Moral Predicament), Columbia University Press, Published in 2013.
Abdul Basit, A critical study of Wael B. Hallaq’s understanding of Islamic law, Al-Qamar, Volume4, Issue2(April-June2021)
Wael B.Hallaq, Authority, Continuity and Change in Islamic Law, Cambridge University Press, Published in 2004.
Wael B.Hallaq, the Impossible State (Islam, Politics and Moral Predicament), Columbia University Press, Published in 2013.
Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009.
Wael B.Hallaq, the Impossible State (Islam, Politics and Moral Predicament), Columbia University Press, Published in 2013.
See, Abdul Basit, A critical study of Wael B. Hallaq’s understanding of Islamic law, Al-Qamar, Volume4, Issue2(April-June2021)
Wael B.Hallaq, Introduction to Islamic Law, Cambridge University Press, Published in 2009.
In my writings Sharia represents Quran o Hadith, Islamic law represents all rules of Quran o Sunnah extracted from sharia based on Primary and secondary sources of law it is also called as Fiqh. While from Hallaq’s understanding, I meant Muslim’s law and Muslim State’s law and all confusions of Hallaq are based on this misunderstanding. He did not differentiate between Sharia, Islamic Law or Fiqh, and Muslim’s Law or Muslim State’s Law.
Wael Hallaq, Introduction to Islamic Law, Cambridge University Press, Published in 2009.Page#01.
Ibid
Wael B.Hallaq, Authority, Continuity and Change in Islamic Law, Cambridge University Press, Published in 2004,Page#XII(166)
Wael B.Hallaq, Was the Gate of Ijtihad Closed? , International Journal of Middle East Studies, Vol. 16, No. 1 (Mar., 1984), pp. 12.
Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009,Page#VII
Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009, Page#02.
Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009, Page#2-20/Wael B.Hallaq, Introduction to Islamic Law, Cambridge University Press, Published in 2009,Page#1-5
Al-Quran 7:158.
الشافعی ،محمد بن ادریس ،الامام،کتاب الرسالہ ،المطبوعہ الکبریٰ الامیریہ،قاہرہ
World Tertiary is not used in Islamic legal books, its addition by Writer to justify ambiguous things and to point out misconceptions of Hallaq. However, it’s also part of secondary sources according to Muslim jurists. Ijma and Ijtihad are considered Primary sources along with Quran o Sunnah.
ڈھلوں،عرفان خالد،ڈاکٹر،علم اصول فقہ(ایک تعارف)،شریعہ اکیڈمی بین الاقوامی اسلامی یونیورسٹی ،اسلام آباد۔
امینی، محمد تقی،مفتی ، فقہ اسلامی کا تاریخی پس منظر ، قدیمی کتب خانہ ،آرام باغ، کراچی۔
Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009.
Wael B.Hallaq, the Impossible State (Islam, Politics and Moral Predicament), Columbia University Press, Published in 2013.
Wael B.Hallaq, Origins and Evolution of Islamic Law, Cambridge University Press, Published in 2004,Page# 25-45/ Wael B.Hallaq, History of Islamic Legal Theories, Cambridge University Press, Published in 1997, Page#7-15/ Wael B.Hallaq, Sharia, Theory, Practice and Transformation, Cambridge University Press, Published in 2009, Page#31-54
Hallaq, Origins, Page#27-43/ Hallaq, Sharia, Page#31-54.
Hallaq, History, Page#7-15/ Hallaq, Sharia, Page#30-31
Hallaq, History, Page#7-15
Hallaq, Sharia, Page#32-33