Wael B Hallaq
Datos Biográficos
| ID | 486153 |
|---|---|
| NOMBRE | Wael B Hallaq |
| NOMBRES | Wael B |
| APELLIDO | Hallaq |
| FIRMA | HALLAQ W B |
| AFILIACIONES | McGill University |
| VERIFICADO | No |
| TOTAL DE OBRAS | 46 |
| TOTAL DE CITAS | 130 |
| TOTAL COMO AUTOR | 44 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 1984 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2022 |
| ÍNDICE H | 4 |
Law and Legal Theory in Classical and Medieval Islam
These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and …
The logic of legal reasoning in religious and non-religious cultures
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in the…
Uṣūl al-Fiqh and Shāfiʿī’s Risāla Revisited
In an article published in 1993, I argued that Muḥammad Ibn Idrīs al-Shāfiʿī (d. 204/820) was not, as commonly thought, the architect of uṣūl al-fiqh and that this discipline emerged only after the main battles over what became the Sunnite sources of the law were won. I had dated the emergence of writings on uṣūl al-fiqh to the last part of the third/ninth century and the first half of the fourth/tenth, pointing to Ibn Surayj (d. 306/918) and his…
Restating Orientalism
Since Edward Said’s foundational work, Orientalism has been singled out for critique as the quintessential example of Western intellectuals’ collaboration with oppression. Controversies over the imbrications of knowledge and power and the complicity of Orientalism in the larger project of colonialism have been waged among generations of scholars. But has Orientalism come to stand in for all of the sins of European modernity, at the cost of neglec…
The Formation of Islamic Law
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful …
The impossible state
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament,…
Maqasid and the Challenges of Modernity
A central feature of public Muslim discourse over the past three decades has been the call to restore the Shari‘a in one form or another. Some reformers have proposed a new theoretical underpinning for this restoration, arguing for the adoption of foundational concepts that bear little, if any, resemblance to their pre-modern counterparts. A central question that ineluctably emerges in this aporia is: What narrative must be adopted as the represe…
On Orientalism, Self-Consciousness and History
In engaging with my work on the early formation of Islamic law, David Powers has in effect reproduced a paradigmatic account that exemplifies the dearth of theory and hermeneutical self-consciousness in the field of legal Orientalism. This article proffers, first and foremost, a prolegomenon to some of the fundamental theoretical issues with which this field has yet to reckon; and, secondarily, a response to the concrete claims that Powers has ma…
Sharīʿa
In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq tak…
An Introduction to Islamic Law
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the co…
Groundwork of the Moral Law
By reevaluating modernist assumptions in Islamicist scholarship and in Western moral and legal philosophy, I arrive at the conclusion that the Qur'ān was a source of Islamic law since the early Meccan period, when the Prophet Muhammad began to receive the Revelation. This conclusion, supported by extensive evidence from the Qur'ān itself, compels a modification in the standard narrative about the genesis of Islamic law
The Origins and Evolution of Islamic Law
If academic writing is to be used as a weapon, it must be used with care. It comes with a professional and moral responsibility. Book reviewers, in particular, owe their readers honesty and fair representation of the works they review, even when they are highly critical of these works. Unfortunately, neither of these qualities is found in Mohammad Akram Nadwi's review of my book The Origins and Evolution of Islamic Law (Cambridge: Cambridge Unive…
The Origins and Evolution of Islamic Law
Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discuss…
Juristic Authority vs. State Power
To say that authority is the cornerstone of any law or legal system is to state the obvious. Authority not only defines the law but in effect constitutes it formally and substantively. There can be no functioning law or legal system without an underlying structure of authority that may in turn derive from another power-based or authority-based substrate, such as a state. This much we take for granted.Although it is commonplace for the Western law…
Histories of the Modern Middle East
Reflecting cutting-edge scholarship and covering more than two centuries of change, this seminal collection represents key trends in the historiography of the modern Middle East. The authors each combine a methodological theme with concrete, original research, relating theoretical issues to the actual writing of history. Their topics range from the Israeli-Palestinian conflict to globalization, from well-established historical figures to new acto…
Authority, Continuity and Change in Islamic Law
Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in hi…
From Regional to Personal Schools of Law? A Reevaluation
Western scholars have long regarded the legal history of the second/eighth century and the early part of the third/ninth as being dominated by the so-called geographical schools. Since scholars also hold that the later schools of law were personal in nature, it is widely assumed that a transformation took place from geographical schools to personal schools. In this article, I question these views, arguing (1) that geographical schools never exist…
A History of Islamic Legal Theories
Islamic law
If we must refer to the sharῑʿa as 'Islamic law', then we must do so with considerable caution. The latter expression bears a connotation that combines modern notions of law with a particular brand of modern politics, both of which were largely – if not entirely – absent from the original landscape of the sharῑʿa we are considering here. Throughout the last three or four centuries European modernity has produced legal systems and legal doctrines …
A History of Islamic Legal Theories
Tradition, Modernity, and Postmodernity in Arabic Literature
The collection of essays contained in this volume is written by a group of prominent scholars of Arabic literature. They explore various manifestations of traditional as well as modern and postmodern themes and techniques in Arabic literature. This is the first time the tripartite concepts of tradition, modernity, and postmodernity in Arabic literary works are explored and analyzed in one volume. It illustrates very clearly the fact that Arabic l…
Islamic Maritime Law
"Muslim Rage" and Islamic Law
In this Lecture, it is argued that a significant factor behind the recent rise of so-called Islamic "fundamentalism," in both of its violent and nonviolent forms, is the structural uprooting of the Islamic legal institutions during the middle of the nineteenth century and thereafter (a factor neglected by analysts). When the colonialist powers induced western legal "reforms" that came to displace traditional and indigenous Islamic law, little did…
Authority, continuity, and change in Islamic law /
Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in hi…
Sharī'a
In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq tak…
Was the Gate of Ijtihad Closed
As conceived by classical Muslim jurists, ijtihād is the exertion of mental energy in the search for a legal opinion to the extent that the faculties of the jurist become incapable of further effort. In other words, ijtihad is the maximum effort expended by the jurist to master and apply the principles and rules of uṣūl alfiqh (legal theory) for the purpose of discovering God's law. 1 The activity of ijtihad is assumed by many a modern scholar to…
Was al-Shafiʿi the Master Architect of Islamic Jurisprudence
During the last three or four decades, modern scholarship has increasingly come to recognize Muhammad Ibn Idris al-Shafiʿi (d. 820) as having played a most central role in the early development of Islamic jurisprudence. It was Joseph Schacht who, more than anyone else, demonstrated Shafiʿi's remarkable success in anchoring the entire edifice of the law not only in the Qurʾan, which by his time was taken for granted, but mainly, and more important…
Theqāญī'sdīwān(sijill) before the Ottomans
Studies on Ottoman society and law through the so-called courtsijillshave lately proliferated, surpassing in volume all previous studies based on other archival sources, including tax and land registers. The comparatively massive size of thesesijills, and the fact that their majority did survive, even in a good state, have led some scholars to the conclusion that only the Ottoman qāḍīs kept records of their court proceedings in a systematic fashi…
Model ShurūṬ Works and the Dialectic of Doctrine and Practice
The relationship between documents emanating from the world of judicial practice and model formulae recorded in juristic manuals has been viewed differentially by modern scholars. Whereas Joseph Schacht posited the existence of a close relationship between the the realia of judicial practice and juristic manuals, others did not. Going one step beyond Schacht, I argue that the relationship between model ShurūṬ and documents originating in practice…
On Orientalism, Self-Consciousness and History
In engaging with my work on the early formation of Islamic law, David Powers has in effect reproduced a paradigmatic account that exemplifies the dearth of theory and hermeneutical self-consciousness in the field of legal Orientalism. This article proffers, first and foremost, a prolegomenon to some of the fundamental theoretical issues with which this field has yet to reckon; and, secondarily, a response to the concrete claims that Powers has ma…
From Regional to Personal Schools of Law? A Reevaluation
Western scholars have long regarded the legal history of the second/eighth century and the early part of the third/ninth as being dominated by the so-called geographical schools. Since scholars also hold that the later schools of law were personal in nature, it is widely assumed that a transformation took place from geographical schools to personal schools. In this article, I question these views, arguing (1) that geographical schools never exist…
The Authenticity of Prophetic Hadith
L'A. a pour objectif de demontrer que l'etude des erudits occidentaux concernant l'authenticite des «hadith» prophetiques n'a pratiquement plus de raison d'etre. Pour ce faire, il laisse simplement la position traditionnelle parler d'elle-meme. Puis il conclut que les erudits musulmans traditionnels ont resolu le probleme pour nous et qu'il est inutile de poursuivre une quete nee de la non-ecoute de ce que disent ces savants depuis longtemps
From Fatwās To Furü
Modem Islamicist scholarship maintains that after the formative period Islamic substantive law became increasingly rigid, eventually losing touch with political, social, and economic developments. This view has remained in force despite the fact that some scholars have acknowledged that fatwās dealing with new issues were incorporated into subsequent manuals of substantive law. Against this view, I argue that primary and secondary fatwās not only…
On the Origins of the Controversy about the Existence of Mujtahids and the Gate of Ijtihad
In a recently published article I have tried to show that, contrary to the widespread notion, the 'gate of ijlihdd' was not closed, and that until the end of the fifth/eleventh century there was no reference in Islamic sources alluding to halting the practice of ijlihdd. () The first item of information directly related to the controversy about the continuity of ijlihad appeared around 500 A.H. in the form of scholarly disputation between the IHa…
Caliphs, Jurists and the Saljūqs in the Political Thought of Juwayn
Groundwork of the Moral Law
By reevaluating modernist assumptions in Islamicist scholarship and in Western moral and legal philosophy, I arrive at the conclusion that the Qur'ān was a source of Islamic law since the early Meccan period, when the Prophet Muhammad began to receive the Revelation. This conclusion, supported by extensive evidence from the Qur'ān itself, compels a modification in the standard narrative about the genesis of Islamic law
A History of Islamic Legal Theories
Usūl Al-Fiqh
Journal Article USŪL AL-FIQH: BEYOND TRADITION Get access WAEL B. HALLAQ WAEL B. HALLAQ McGill UniversityMontreal Search for other works by this author on: Oxford Academic Google Scholar Journal of Islamic Studies, Volume 3, Issue 2, July 1992, Pages 172–202, https://doi.org/10.1093/jis/3.2.172 Published: 01 July 1992
From Fatwās to Furūʿ
Yazarn Notu: Bu makalenin bir zeti, 24-25 Eyll 1993 tarihinde Yale niversitesinde Ortadou Aratrmalar Konseyinin himayesinde dzenlenen
The Use and Abuse of Evidence
Wael B. Hallaq, The Use and Abuse of Evidence: The Question of Provincial and Roman Influences on Early Islamic Law, Journal of the American Oriental Society, Vol. 110, No. 1 (Jan. - Mar., 1990), pp. 79-91
A Tenth‐eleventh Century Treatise on Juridical Dialectic
Caliphs, Jurists and the Saljūqs in the Political Thought of Juwayn
Was the Gate of Ijtihad Closed
As conceived by classical Muslim jurists, ijtihād is the exertion of mental energy in the search for a legal opinion to the extent that the faculties of the jurist become incapable of further effort. In other words, ijtihad is the maximum effort expended by the jurist to master and apply the principles and rules of uṣūl alfiqh (legal theory) for the purpose of discovering God's law. 1 The activity of ijtihad is assumed by many a modern scholar to…
Considerations on the Function and Character of Sunnī Legal Theory
On the Origins of the Controversy about the Existence of Mujtahids and the Gate of Ijtihad
In a recently published article I have tried to show that, contrary to the widespread notion, the 'gate of ijlihdd' was not closed, and that until the end of the fifth/eleventh century there was no reference in Islamic sources alluding to halting the practice of ijlihdd. () The first item of information directly related to the controversy about the continuity of ijlihad appeared around 500 A.H. in the form of scholarly disputation between the IHa…
A Tenth‐eleventh Century Treatise on Juridical Dialectic
Translation
Notes on the Term qarīna in Islamic Legal Discourse
Non-Analogical Arguments in Sunni Juridical Qiyās
Logic, Formal Arguments and Formalization of Arguments in Sunni Jurisprudence
The Use and Abuse of Evidence
Wael B. Hallaq, The Use and Abuse of Evidence: The Question of Provincial and Roman Influences on Early Islamic Law, Journal of the American Oriental Society, Vol. 110, No. 1 (Jan. - Mar., 1990), pp. 79-91
Islamic Studies Presented to Charles J. Adams
This tribute to Charles J. Adams from colleagues and students includes essays on numerous aspects of Islamic civilization, beginning with early Islam down to the modern period. The Qur'ān receives the attention of five authors: Andrew Rippin focuses on references to the pre-Islamic Hanīfs, while Issa Boullata traces poetic citation in Qur'ānic exegesis. Sulami's commentary is discussed by Gerhard Böwering, and Hallaq draws attention to the unique…
Usūl Al-Fiqh
Journal Article USŪL AL-FIQH: BEYOND TRADITION Get access WAEL B. HALLAQ WAEL B. HALLAQ McGill UniversityMontreal Search for other works by this author on: Oxford Academic Google Scholar Journal of Islamic Studies, Volume 3, Issue 2, July 1992, Pages 172–202, https://doi.org/10.1093/jis/3.2.172 Published: 01 July 1992
Was al-Shafiʿi the Master Architect of Islamic Jurisprudence
During the last three or four decades, modern scholarship has increasingly come to recognize Muhammad Ibn Idris al-Shafiʿi (d. 820) as having played a most central role in the early development of Islamic jurisprudence. It was Joseph Schacht who, more than anyone else, demonstrated Shafiʿi's remarkable success in anchoring the entire edifice of the law not only in the Qurʾan, which by his time was taken for granted, but mainly, and more important…
From Fatwās To Furü
Modem Islamicist scholarship maintains that after the formative period Islamic substantive law became increasingly rigid, eventually losing touch with political, social, and economic developments. This view has remained in force despite the fact that some scholars have acknowledged that fatwās dealing with new issues were incorporated into subsequent manuals of substantive law. Against this view, I argue that primary and secondary fatwās not only…
From Fatwās to Furūʿ
Yazarn Notu: Bu makalenin bir zeti, 24-25 Eyll 1993 tarihinde Yale niversitesinde Ortadou Aratrmalar Konseyinin himayesinde dzenlenen
Model ShurūṬ Works and the Dialectic of Doctrine and Practice
The relationship between documents emanating from the world of judicial practice and model formulae recorded in juristic manuals has been viewed differentially by modern scholars. Whereas Joseph Schacht posited the existence of a close relationship between the the realia of judicial practice and juristic manuals, others did not. Going one step beyond Schacht, I argue that the relationship between model ShurūṬ and documents originating in practice…
A History of Islamic Legal Theories
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion…
The formative period
in its developed form, Islamic legal theory came to recognize a variety of sources and methods from and through which the law might be derived. Those sources from which the law may be derived are the Quran and the Sunna or example of the Prophet, both of which provide the subject matter of the law. Those sources through which the law may be derived represent either methods of legal reasoning and interpretation or the sanctioning instrument of con…
Theqāญī'sdīwān(sijill) before the Ottomans
Studies on Ottoman society and law through the so-called courtsijillshave lately proliferated, surpassing in volume all previous studies based on other archival sources, including tax and land registers. The comparatively massive size of thesesijills, and the fact that their majority did survive, even in a good state, have led some scholars to the conclusion that only the Ottoman qāḍīs kept records of their court proceedings in a systematic fashi…
Qāḍīs communicating
El estudio de dos formularios notariales del siglo vii/xiii, uno sirio y el otro andalusí, muestra que el discurso sobre las modalidades de comunicación escrita preceptuadas para los jueces (kitāb al-qāḍi ilà al-qāḍi) refleja una estrecha relación entre la doctrina y la realidad de la práctica legal. Uno de los aspectos de esta relación es el cambio que tuvo que experimentar la doctrina discursiva bajo la presión de las prácticas judiciales cotid…
The Authenticity of Prophetic Hadith
L'A. a pour objectif de demontrer que l'etude des erudits occidentaux concernant l'authenticite des «hadith» prophetiques n'a pratiquement plus de raison d'etre. Pour ce faire, il laisse simplement la position traditionnelle parler d'elle-meme. Puis il conclut que les erudits musulmans traditionnels ont resolu le probleme pour nous et qu'il est inutile de poursuivre une quete nee de la non-ecoute de ce que disent ces savants depuis longtemps
Islamic law
If we must refer to the sharῑʿa as 'Islamic law', then we must do so with considerable caution. The latter expression bears a connotation that combines modern notions of law with a particular brand of modern politics, both of which were largely – if not entirely – absent from the original landscape of the sharῑʿa we are considering here. Throughout the last three or four centuries European modernity has produced legal systems and legal doctrines …
A History of Islamic Legal Theories
Tradition, Modernity, and Postmodernity in Arabic Literature
The collection of essays contained in this volume is written by a group of prominent scholars of Arabic literature. They explore various manifestations of traditional as well as modern and postmodern themes and techniques in Arabic literature. This is the first time the tripartite concepts of tradition, modernity, and postmodernity in Arabic literary works are explored and analyzed in one volume. It illustrates very clearly the fact that Arabic l…
Islamic Maritime Law
Islamic Studies and History (39 obras) · Islam (32 obras) · Political science (32 obras) · Philosophy (31 obras) · Law (30 obras) · Islamic Finance and Banking Studies (23 obras) · Sharia (22 obras) · Theology (21 obras) · History (19 obras) · Sociology (17 obras)