السلطة المذهبية؛ التقليد والتجديد في الفقه الإسلامي
Fiqh-Authority, Continuity and Change in Islamic Law. One of three books on Islamic law by Wael Hallaq, first published by Cambridge University Press, here translated to the Arabic. A path-breaking book, the author shows how authority guaranteed both continuity and change in Islamic law.
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Hallaq, Wael B. وائل حلاق
Dar al-Madar al-Islami, Beirut, 2007 Ar Edition (Cambridge University Press 2001)
17 x 24 cm
Fiqh - History and Studies
Hallaq demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defense of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accomodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature.