The spirit of islamic law /
Bernard G. Weiss.
- Athens : University of Georgia Press, 2006.
- xiv, 211 p ; 23 cm.
- Spirit of the laws (Athens, Ga.) .
Includes bibliographical references and index.
Preface 1 The Formation of Islamic Law p. 1 2 Divine Sovereignty and Human Subordination p. 24 3 The Textualist/Intentionalist Bent p. 38 4 The Venture Beyond the Texts p. 66 5 Probabilism and the Limits of Certainty p. 88 6 Juristic Authority and the Diversity of Schools p. 113 7 The Moralistic Bent p. 145 8 Private and Public Dimensions of the Law p. 172 Epilogue p. 186 Notes p. 191 Glossary of Major Arabic Terms p. 201 Bibliography p. 203 Index p. 209.
Weiss (Arabic and Islamic studies, U. of Utah-Salt Lake City) focuses on usul al-fiqh, the science concerned with the theoretical and methodological foundations of the law, rather than with the articulation of actual laws. He outlines the prominent features of Muslim juristic thought, such as divine sovereignty and texts, an intentionalist approach to interpretation, an acknowledgment of the fallibility of humans to divine intent, toleration of legal diversity, and a preoccupation with the affairs of private individuals. Annotation c. Book News, Inc., Portland, OR (booknews.com).