islamic jurisprudence lecture 13

Tags: islamic jurisprudence

• setting up the project
  • Do people still argue that the ulama in the 20th century are still characterized as a conservative force?
    • are the ulama overrepresented?
  • he focuses on Bakhit
    • ulama are proclaimed as the discourse of
  • bakhit in adopting the modernist epistimes, is no longer a frame of islamic law
  • discursive tradition of asad as a madhab
    • thinking in the terms of mcintyre is describing if we open the doors that wide
    • is the tradition “sharing the rules of the game” - legal typology?
  • is the “social madhab” a convincing one?
    • social institution
    • what is the inverse of the social madhab?
      • grants the ulama a way to tackle the reformists
      • he constrats it with the interpretive madhab
      • the madhab is still important as a form of solidarity
      • but continuing to partipate in the framework makes it so that you’re not constrained by the same predecessor interpretive structures
    • is the network of the interconnected scholars distinctively hanafi?
      • or do they claim hanafi “traditions”
  • bakhit’s trans-regional-ness, is that grounding or expanding the
    • practical colonial questions that needed to be solved
• chapter 2
  • foregrounding between Rida and Bakhit
  • bakhit in the 1906 debate takes rida back
  • is this new temporality a historical conciousness that emphasizes prophetic tradition, and pushes aside the medivil accretions
  • genuine novelty requires completely new ijtihad
    • what happens with the passage of time?
    • drawing on maverick thinkers
      • bakhit is tapping into this strain
  • thinkers are given promience due to the chain of scholarship history, not because they are addressing the problems of the time
• chapter 3
  • dichotemcy between science and religious scholars dissolved after the early period
    • bakhit’s portrayal and his narrative
  • incorporating islam to the prevailing scientific theories of the day?
  • no other time where scholars would have to confront scientific theory and have to incorporate it into jurisprudence
  • what is this chapter doing in the book?
    • are we tired of the centrality of the state?
  • seduction of modern science -
    • notion of semmetry that is not attainable
• chapter 4
  • objective reality that bakhit believes, and that this can be known through scientific means, this is a change of how fiqh was perceived
  • what was the characterization of western science?
  • is science and qiyas very far apart?
• chapter 5
  • semioitics of religion
  • reconceptualizing religious matters to not needing to be verified
  • new notions of secular and religious
  • din/dunya dichometcy
  • what consitutes as din-ni is not adjudicatble in the court of law
• using madhab as an organizing principle for islamic tradition