| Title | Tradition und Fortschreibung bei Ibn Rušd. Eine rechtsschulübergreifende Analyse zu Kauf- und Tauschgeschäften im islamischen Recht |
| Type | Monograph |
| Language | German |
| Date | 2020 |
| Publication Place | Baden-Baden |
| Publisher | Nomos |
| Series | Theologie, Bildung, Ethik und Recht des Islam |
| Volume | 4 |
| Categories | Law |
| Author(s) | Serdar Kurnaz |
| Publisher(s) | |
| Translator(s) |
| This study portrays the unique philosophical approach of Ibn Rušd to systematising Islamic law flexibly in order to solve the problems Muslims experience in daily life. His approach allows for a new perspective in the discourse on how to update Islamic law for contemporary times and how norms are qualified as being Islamic. Taking the prohibition of usury as an example, this study scrutinises Ibn Rušd’s approach and compares it with others from Muslim legal scholarship. For this purpose, the introduction and the chapter on usury in his juristic work Bidāyat al-mujtahid have been translated and commented on, with his approach analysed and the sources that he consulted identified. |
{"_index":"bib","_type":"_doc","_id":"4983","_score":null,"_source":{"id":4983,"authors_free":[{"id":5714,"entry_id":4983,"agent_type":"person","is_normalised":1,"person_id":1667,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Serdar Kurnaz","free_first_name":"Serdar","free_last_name":"Kurnaz","norm_person":{"id":1667,"first_name":"Serdar","last_name":"Kurnaz","full_name":"Serdar Kurnaz","short_ident":"","is_classical_name":null,"dnb_url":" http:\/\/d-nb.info\/gnd\/1064112099","viaf_url":"","db_url":"","from_claudius":null,"link":"bib?authors[]=Serdar Kurnaz"}}],"entry_title":"Tradition und Fortschreibung bei Ibn Ru\u0161d. Eine rechtsschul\u00fcbergreifende Analyse zu Kauf- und Tauschgesch\u00e4ften im islamischen Recht","title_transcript":"","title_translation":"","main_title":{"title":"Tradition und Fortschreibung bei Ibn Ru\u0161d. Eine rechtsschul\u00fcbergreifende Analyse zu Kauf- und Tauschgesch\u00e4ften im islamischen Recht"},"abstract":"This study portrays the unique philosophical approach of Ibn Ru\u0161d to systematising Islamic law flexibly in order to solve the problems Muslims experience in daily life. His approach allows for a new perspective in the discourse on how to update Islamic law for contemporary times and how norms are qualified as being Islamic. Taking the prohibition of usury as an example, this study scrutinises Ibn Ru\u0161d\u2019s approach and compares it with others from Muslim legal scholarship. For this purpose, the introduction and the chapter on usury in his juristic work Bid\u0101yat al-mujtahid have been translated and commented on, with his approach analysed and the sources that he consulted identified.","btype":1,"date":"2020","language":"German","online_url":"","doi_url":"","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":1667,"full_name":"Serdar Kurnaz","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":{"id":4983,"pubplace":"Baden-Baden","publisher":"Nomos","series":"Theologie, Bildung, Ethik und Recht des Islam","volume":"4","edition_no":"","valid_from":null,"valid_until":null},"booksection":null,"article":null},"sort":[2020]}
| Title | Ibn Rushd’s Legal Hermeneutics and Moral Theory for a “Living Sharīʿa”. An Alternative Approach to Islamic Law in Ibn Rushd’s Bidāyat al-Mujtahid |
| Type | Article |
| Language | English |
| Date | 2019 |
| Journal | Oxford Journal of Law and Religion |
| Volume | 8 |
| Issue | 1 |
| Pages | 174–205 |
| Categories | Law |
| Author(s) | Serdar Kurnaz |
| Publisher(s) | |
| Translator(s) |
| According to the Sunnī legal tradition, legal norms should be derived from the authoritative texts of the Qurʾān and Sunna. However, how exactly to derive such norms remains unclear, when no reference can be found to the matter at hand within these sources. The use of maqāṣid at this point might be a viable solution. Little attention, however, is paid to alternative approaches like the one of Ibn Rushd al-Ḥafīd (d 595/1198), which is based on philosophical ethics. Ibn Rushd derives ‘legal precepts’ through analysing the most prominent legal verdicts of Islamic law that were passed by various madhhab. These precepts not only enabled scholars to resolve new legal problems by using ijtihād, they also shed new light on existing legal challenges. This article will analyse Ibn Rushd’s legal hermeneutics in his Bidāyat al-mujtahid by looking at the passages concerning sales of ritually pure (ṭāhir) goods and interest (ribā). |
{"_index":"bib","_type":"_doc","_id":"4984","_score":null,"_source":{"id":4984,"authors_free":[{"id":5715,"entry_id":4984,"agent_type":"person","is_normalised":1,"person_id":1667,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Serdar Kurnaz","free_first_name":"Serdar","free_last_name":"Kurnaz","norm_person":{"id":1667,"first_name":"Serdar","last_name":"Kurnaz","full_name":"Serdar Kurnaz","short_ident":"","is_classical_name":null,"dnb_url":" http:\/\/d-nb.info\/gnd\/1064112099","viaf_url":"","db_url":"","from_claudius":null,"link":"bib?authors[]=Serdar Kurnaz"}}],"entry_title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid","title_transcript":"","title_translation":"","main_title":{"title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid"},"abstract":"According to the Sunn\u012b legal tradition, legal norms should be derived from the authoritative texts of the Qur\u02be\u0101n and Sunna. However, how exactly to derive such norms remains unclear, when no reference can be found to the matter at hand within these sources. The use of maq\u0101\u1e63id at this point might be a viable solution. Little attention, however, is paid to alternative approaches like the one of Ibn Rushd al-\u1e24af\u012bd (d 595\/1198), which is based on philosophical ethics. Ibn Rushd derives \u2018legal precepts\u2019 through analysing the most prominent legal verdicts of Islamic law that were passed by various madhhab. These precepts not only enabled scholars to resolve new legal problems by using ijtih\u0101d, they also shed new light on existing legal challenges. This article will analyse Ibn Rushd\u2019s legal hermeneutics in his Bid\u0101yat al-mujtahid by looking at the passages concerning sales of ritually pure (\u1e6d\u0101hir) goods and interest (rib\u0101).","btype":3,"date":"2019","language":"English","online_url":"","doi_url":"https:\/\/doi.org\/10.1093\/ojlr\/rwz006","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":1667,"full_name":"Serdar Kurnaz","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":4984,"journal_id":null,"journal_name":"Oxford Journal of Law and Religion","volume":"8","issue":"1","pages":"174\u2013205"}},"sort":[2019]}
| Title | Ibn Rushd’s Legal Hermeneutics and Moral Theory for a “Living Sharīʿa”. An Alternative Approach to Islamic Law in Ibn Rushd’s Bidāyat al-Mujtahid |
| Type | Article |
| Language | English |
| Date | 2019 |
| Journal | Oxford Journal of Law and Religion |
| Volume | 8 |
| Issue | 1 |
| Pages | 174–205 |
| Categories | Law |
| Author(s) | Serdar Kurnaz |
| Publisher(s) | |
| Translator(s) |
| According to the Sunnī legal tradition, legal norms should be derived from the authoritative texts of the Qurʾān and Sunna. However, how exactly to derive such norms remains unclear, when no reference can be found to the matter at hand within these sources. The use of maqāṣid at this point might be a viable solution. Little attention, however, is paid to alternative approaches like the one of Ibn Rushd al-Ḥafīd (d 595/1198), which is based on philosophical ethics. Ibn Rushd derives ‘legal precepts’ through analysing the most prominent legal verdicts of Islamic law that were passed by various madhhab. These precepts not only enabled scholars to resolve new legal problems by using ijtihād, they also shed new light on existing legal challenges. This article will analyse Ibn Rushd’s legal hermeneutics in his Bidāyat al-mujtahid by looking at the passages concerning sales of ritually pure (ṭāhir) goods and interest (ribā). |
{"_index":"bib","_type":"_doc","_id":"4984","_score":null,"_source":{"id":4984,"authors_free":[{"id":5715,"entry_id":4984,"agent_type":"person","is_normalised":1,"person_id":1667,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Serdar Kurnaz","free_first_name":"Serdar","free_last_name":"Kurnaz","norm_person":{"id":1667,"first_name":"Serdar","last_name":"Kurnaz","full_name":"Serdar Kurnaz","short_ident":"","is_classical_name":null,"dnb_url":" http:\/\/d-nb.info\/gnd\/1064112099","viaf_url":"","db_url":"","from_claudius":null,"link":"bib?authors[]=Serdar Kurnaz"}}],"entry_title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid","title_transcript":"","title_translation":"","main_title":{"title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid"},"abstract":"According to the Sunn\u012b legal tradition, legal norms should be derived from the authoritative texts of the Qur\u02be\u0101n and Sunna. However, how exactly to derive such norms remains unclear, when no reference can be found to the matter at hand within these sources. The use of maq\u0101\u1e63id at this point might be a viable solution. Little attention, however, is paid to alternative approaches like the one of Ibn Rushd al-\u1e24af\u012bd (d 595\/1198), which is based on philosophical ethics. Ibn Rushd derives \u2018legal precepts\u2019 through analysing the most prominent legal verdicts of Islamic law that were passed by various madhhab. These precepts not only enabled scholars to resolve new legal problems by using ijtih\u0101d, they also shed new light on existing legal challenges. This article will analyse Ibn Rushd\u2019s legal hermeneutics in his Bid\u0101yat al-mujtahid by looking at the passages concerning sales of ritually pure (\u1e6d\u0101hir) goods and interest (rib\u0101).","btype":3,"date":"2019","language":"English","online_url":"","doi_url":"https:\/\/doi.org\/10.1093\/ojlr\/rwz006","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":1667,"full_name":"Serdar Kurnaz","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":4984,"journal_id":null,"journal_name":"Oxford Journal of Law and Religion","volume":"8","issue":"1","pages":"174\u2013205"}},"sort":["Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid"]}
| Title | Tradition und Fortschreibung bei Ibn Rušd. Eine rechtsschulübergreifende Analyse zu Kauf- und Tauschgeschäften im islamischen Recht |
| Type | Monograph |
| Language | German |
| Date | 2020 |
| Publication Place | Baden-Baden |
| Publisher | Nomos |
| Series | Theologie, Bildung, Ethik und Recht des Islam |
| Volume | 4 |
| Categories | Law |
| Author(s) | Serdar Kurnaz |
| Publisher(s) | |
| Translator(s) |
| This study portrays the unique philosophical approach of Ibn Rušd to systematising Islamic law flexibly in order to solve the problems Muslims experience in daily life. His approach allows for a new perspective in the discourse on how to update Islamic law for contemporary times and how norms are qualified as being Islamic. Taking the prohibition of usury as an example, this study scrutinises Ibn Rušd’s approach and compares it with others from Muslim legal scholarship. For this purpose, the introduction and the chapter on usury in his juristic work Bidāyat al-mujtahid have been translated and commented on, with his approach analysed and the sources that he consulted identified. |
{"_index":"bib","_type":"_doc","_id":"4983","_score":null,"_source":{"id":4983,"authors_free":[{"id":5714,"entry_id":4983,"agent_type":"person","is_normalised":1,"person_id":1667,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Serdar Kurnaz","free_first_name":"Serdar","free_last_name":"Kurnaz","norm_person":{"id":1667,"first_name":"Serdar","last_name":"Kurnaz","full_name":"Serdar Kurnaz","short_ident":"","is_classical_name":null,"dnb_url":" http:\/\/d-nb.info\/gnd\/1064112099","viaf_url":"","db_url":"","from_claudius":null,"link":"bib?authors[]=Serdar Kurnaz"}}],"entry_title":"Tradition und Fortschreibung bei Ibn Ru\u0161d. Eine rechtsschul\u00fcbergreifende Analyse zu Kauf- und Tauschgesch\u00e4ften im islamischen Recht","title_transcript":"","title_translation":"","main_title":{"title":"Tradition und Fortschreibung bei Ibn Ru\u0161d. Eine rechtsschul\u00fcbergreifende Analyse zu Kauf- und Tauschgesch\u00e4ften im islamischen Recht"},"abstract":"This study portrays the unique philosophical approach of Ibn Ru\u0161d to systematising Islamic law flexibly in order to solve the problems Muslims experience in daily life. His approach allows for a new perspective in the discourse on how to update Islamic law for contemporary times and how norms are qualified as being Islamic. Taking the prohibition of usury as an example, this study scrutinises Ibn Ru\u0161d\u2019s approach and compares it with others from Muslim legal scholarship. For this purpose, the introduction and the chapter on usury in his juristic work Bid\u0101yat al-mujtahid have been translated and commented on, with his approach analysed and the sources that he consulted identified.","btype":1,"date":"2020","language":"German","online_url":"","doi_url":"","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":1667,"full_name":"Serdar Kurnaz","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":{"id":4983,"pubplace":"Baden-Baden","publisher":"Nomos","series":"Theologie, Bildung, Ethik und Recht des Islam","volume":"4","edition_no":"","valid_from":null,"valid_until":null},"booksection":null,"article":null},"sort":["Tradition und Fortschreibung bei Ibn Ru\u0161d. Eine rechtsschul\u00fcbergreifende Analyse zu Kauf- und Tauschgesch\u00e4ften im islamischen Recht"]}