| Title | The Contention between Secular and Revealed Law: Analyzing Ibn Rushd’s Solution to the Problem of the “Virtuous Society” |
| Type | Article |
| Language | English |
| Date | 2019 |
| Journal | Journal of Islamic and Muslim Studies |
| Volume | 4 |
| Issue | 1 |
| Pages | 43–65 |
| Categories | Politics, Law, Commentary, Plato |
| Author(s) | Jaan S. Islam |
| Publisher(s) | |
| Translator(s) |
| This article is an analysis of the political thought of Ibn Rushd and its significance for the current conflict in Islamic political thought between liberal, secular and conservative Islamist thinkers over the meaning of the “virtuous society” and how it can be implemented. It is argued that the thought of Ibn Rushd offers a concept of the virtuous society that reconciles secular law and religious Sharī‘a law. The article analyzes Ibn Rushd’s Commentary on Plato’s Republic, and assesses it as potentially being able to reconcile the philosophical conflict between logically discerned law and revealed law. It is contended that the separation between “religious” and “political” (i.e., philosophical) domains often attributed to Ibn Rushd does not fully consider the entirety of Ibn Rushd’s writings and interprets his works without regard for their historical and religious contextual significance. |
| Online Access | https://www.jstor.org/stable/10.2979/jims.4.1.02 |
| DOI | https://doi.org/10.2979/jims.4.1.02 |
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| Title | Rhetoric in the Court: Averroes on Testimonial Witnessing and Oaths |
| Type | Book Section |
| Language | English |
| Date | 2018 |
| Published in | Commenting on Aristotle’s Rhetoric from Antiquity to the Present / Commenter la Rhétorique d’Aristote, de l’Antiquité à la période contemporaine |
| Pages | 64–88 |
| Categories | Commentary, Law |
| Author(s) | Feriel Bouhafa |
| Publisher(s) | |
| Translator(s) |
| Looking at the reception of Aristotle’s Rhetoric in the Arabic tradition, particularly Averroes’ Middle commentary on Aristotle’s Rhetoric (Talḫīṣ al-ḫaṭāba), I discern the impact of the Islamic legal context on the commentator’s reading of Aristotle’s theory of rhetoric. Placing Averroes’ interpretive enterprise within the context of Islamic governance has already been highlighted, particularly the role of Islamic law in his conception of the political role of rhetoric. Such attention to Islamic law, however, has often been conceived in a theoretical fashion, without attesting to the concrete and epistemological basis of legal practices of the courts. Focusing on Averroes’ discussion of the role of rhetoric in the judicial discourse, I address the impact of Islamic legal procedures known as the rules of evidence: witnesses and oaths and their modus operandi in the court, in shaping Averroes’ conception of the political role of rhetoric. Accounting for Islamic rules of evidence, I argue that Averroes ascribes a practical role to rhetoric in the court in order to establish a consensus in the implementation of justice. In so doing, Averroes oversteps his role as commentator and rather draws from his own practical concerns over the implementation of justice in the court as a legal practitioner: the Qāḍī of Cordova. |
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| Title | Rhetoric in the Court: Averroes on Testimonial Witnessing and Oaths |
| Type | Book Section |
| Language | English |
| Date | 2018 |
| Published in | Commenting on Aristotle’s Rhetoric from Antiquity to the Present / Commenter la Rhétorique d’Aristote, de l’Antiquité à la période contemporaine |
| Pages | 64–88 |
| Categories | Commentary, Law |
| Author(s) | Feriel Bouhafa |
| Publisher(s) | |
| Translator(s) |
| Looking at the reception of Aristotle’s Rhetoric in the Arabic tradition, particularly Averroes’ Middle commentary on Aristotle’s Rhetoric (Talḫīṣ al-ḫaṭāba), I discern the impact of the Islamic legal context on the commentator’s reading of Aristotle’s theory of rhetoric. Placing Averroes’ interpretive enterprise within the context of Islamic governance has already been highlighted, particularly the role of Islamic law in his conception of the political role of rhetoric. Such attention to Islamic law, however, has often been conceived in a theoretical fashion, without attesting to the concrete and epistemological basis of legal practices of the courts. Focusing on Averroes’ discussion of the role of rhetoric in the judicial discourse, I address the impact of Islamic legal procedures known as the rules of evidence: witnesses and oaths and their modus operandi in the court, in shaping Averroes’ conception of the political role of rhetoric. Accounting for Islamic rules of evidence, I argue that Averroes ascribes a practical role to rhetoric in the court in order to establish a consensus in the implementation of justice. In so doing, Averroes oversteps his role as commentator and rather draws from his own practical concerns over the implementation of justice in the court as a legal practitioner: the Qāḍī of Cordova. |
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| Title | The Contention between Secular and Revealed Law: Analyzing Ibn Rushd’s Solution to the Problem of the “Virtuous Society” |
| Type | Article |
| Language | English |
| Date | 2019 |
| Journal | Journal of Islamic and Muslim Studies |
| Volume | 4 |
| Issue | 1 |
| Pages | 43–65 |
| Categories | Politics, Law, Commentary, Plato |
| Author(s) | Jaan S. Islam |
| Publisher(s) | |
| Translator(s) |
| This article is an analysis of the political thought of Ibn Rushd and its significance for the current conflict in Islamic political thought between liberal, secular and conservative Islamist thinkers over the meaning of the “virtuous society” and how it can be implemented. It is argued that the thought of Ibn Rushd offers a concept of the virtuous society that reconciles secular law and religious Sharī‘a law. The article analyzes Ibn Rushd’s Commentary on Plato’s Republic, and assesses it as potentially being able to reconcile the philosophical conflict between logically discerned law and revealed law. It is contended that the separation between “religious” and “political” (i.e., philosophical) domains often attributed to Ibn Rushd does not fully consider the entirety of Ibn Rushd’s writings and interprets his works without regard for their historical and religious contextual significance. |
| Online Access | https://www.jstor.org/stable/10.2979/jims.4.1.02 |
| DOI | https://doi.org/10.2979/jims.4.1.02 |
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