| 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). |
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| 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). |
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