Mention of the American West usually evokes images of rough and tumble cowboys, ranchers, and outlaws. In contrast, The Not So Wild, Wild West casts America's frontier history in a new framework that emphasizes the creation of institutions, both formal and informal, that facilit…
"Mention of the American West usually evokes images of rough and tumble cowboys, ranchers, and outlaws. In contrast, The Not So Wild, Wild West casts America's frontier history in a new framework that emphasizes the creation of institutions, both formal and informal, that facili…
Introduction -- The emergence of Maṣlaḥa as a legal concept -- Integrating Maṣlaḥa into legal analogy (Qiyās) -- Applying Maṣlaḥa in legal precepts (Qawāʻid) -- Using substantive legal reasoning to integrate Maṣlaḥa into the law -- A comprehensive theory of Maṣlaḥa -- Conclusion…
Focusing on writings of legal theory by leading jurisprudents from al-Jassas (d. 370/980) to al-Shatibi (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maslaha (people's well-being) as a method of extending and adapting God's la…
Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people's well-being) as a method of extending and adapting God's la…
Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maá'£la?a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God.