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islamic jurisprudence lecture 8 [4257b83a]

Tags: islamic jurisprudence

  • "The ijtihadic hermeneutics Hallaq has written about were predicated partly on a set of assumptions running throughout Islamic jurisprudence, to wit, that "each individual and circumstance was deemed unique, requiring ijtihad [independent reasoning; innovative legal interpretation of (or on the basis of) sacred texts; judicial creativity] that was context-specific" (2009, 546), and that this reasoning should therefore typically take into consideration (among other things) a relatively expansive range of disputants' actions, intentions, character traits, and biographical data." (Peletz 2020:60)

    • hallaq's history of sharia

    • three sections

      • development of classical sharia

      • subject by subject exposition by content

        • ritual law and marital law
      • the complete rupture between classical sharia tradition and phenomena labeled as sharia courts

      • classical islamic law is not a set of rules, but it epistime

        • herminuitcal tradition that is
    • "the impossible state" - sharia is not something that is compatible

    • is certain kinds of religious and intellectual cultivation dependenant on insitutions?

      • what framing does citing hallaq provide us?

        • test drive his hypothesis? to what extent if we use hallaq's claim as a baseline to focus our attention

          • what does this yield?

            • in order to aid in the ongoing enterprise of asking good questions?

            • what water is it carrying in peletz?

              • chapter 3 -> considered ijtihad, turned out not relevant -> transparant about method

    • what is hallaq's big point?

      • is codification incompatible with sharia? with what sharia is?

        • are people citing the quran and the hadith?

  • what is the underlying question?

    • what does it mean for the context to be performed and experienced as a manifestation of sharia?

    • what does it mean for these people to be sharia?

      • is this a salient aspect of what is happening?

  • the increasing putitiveness is to create legitimacy for the sharia courts

    • different society needs are responded with the choice

  • what consittute the prestige of the islamic court systems?

    • what constitutes the belief in the court system?

    • is this performance for people outside of malaysia?

      • is this a way of asserting malaysia's islamicity?

        • are we creating a self governing subject?

        • are we enlisting the islamic enterprise in the creation of an islamic state?

          • two moving targets: islamicity and neoliberalism
          • the citizen as a consumer of islam, citizen consumes the all envoloping experience of the state and its sanctions as being continious with islam

          • how successful is there a generation of a user-friendly islam that is user-friendly and intending?

            • pervasive to enlisting people?
      • making it legibile for non-islamic groups?