Ahmed Fekry Ibrahim
Biographic Data
| ID | 3830452 |
|---|---|
| NAME | Ahmed Fekry Ibrahim |
| GIVEN NAMES | Ahmed Fekry |
| FAMILY NAME | Ibrahim |
| SIGNATURE | IBRAHIM A F |
| AFFILIATIONS | McGill University |
| VERIFIED | No |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2013 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 2 |
Rethinking the Taqlīd Hegemony
Islamic legal historiography has dealt extensively with questions of continuity and change, as epitomized by the relationship between ijtihād and taqlīd. This paper offers a new conceptualization of the ijtihād-taqlīd modes of law-making in the Sunni legal tradition. I argue that the institutional transformation from ijtihād to taqlīd required that jurists transform the views of the founding authorities of the schools over the course of the eleve…
Migration in sub-Saharan Africa
This forum contributes to debates on migration, displacement, and place-making in contemporary sub-Saharan Africa. We bring together an interdisciplinary group of scholars to move the existing literature beyond the dominant focus on thecausesof displacement to a rich and granular exploration of itsconsequences. The forum focuses on Somali refugees and migrants for two reasons. First, Somalia is one of the largest refugee-producing countries in th…
Child Custody in Islamic Law
Customary Practices as Exigencies in Islamic Law
I offer a corrective to Libson’s view that customs made their way into Islamic law in the formative period only through the ḥadīth and ijmāʿ genres. I argue that custom was incorporated into the law through the legal methodologies of Abū Ḥanīfa and Mālik. Due to the success of al-Shāfiʿī’s thesis, later jurists justified custom on grounds of necessity and exigency of the times rather than elevating it to the level of the four-source theory of Isl…
Islamic Law in Theory
Islamic Law in Theory: Studies on Jurisprudence in Honor of Bernard Weiss. Edited by A. Kevin Reinhart and Robert Gleave. Studies on Islamic Law and Society, vol. 37. Leiden: Brill, 2014. Pp. xx + 370. $181, €140
The Second Formation of Islamic Law
The Codification Episteme in Islamic Juristic Discourse between Inertia and Change
Many historians view Islamic law as an organic and methodologically coherent system in which there is a systematic link between legal methodology ( uṣūl ) and substantive law ( furūʿ ). In this essay, I will argue against the conventional view, drawing support from the evolutionary trajectories of four genres of juridical writing: abridged legal compendia ( mukhtaṣar s); juristic disagreement ( ikhtilāf) ; the commentary/supercommentary ( sharḥ/ḥ…
The Best Interests of the Child in Pre-modern Islamic Juristic Discourse and Practice
This Article examines an Islamic legal equivalent of the Euro-American concept of the “best interests of the child,” a legal principle underpinning several international conventions. It presents various concepts and arguments made by pre-modern Muslim Sunni jurists in their discussions of legal rules regarding child custody, guardianship, maintenance, and travel with the ward. The Article presents four overarching lines of investigation. The firs…
Al-Shaʿrānī’s Response to Legal Purism
Despite the claims of the Egyptian mystic ʿAbd al-Wahhāb al-Shaʿrānī (d. 973/1565) about the novelty of his legal work, many legal scholars see his contribution as a conservative restatement of a well-established doctrine of legal pluralism. This view implies that there was an uncontested view that supported pragmatic forum selection, which he was simply rehashing. I will offer a reevaluation of al-Shaʿrānī’s legal work, placing it within the lar…
The Codification Episteme in Islamic Juristic Discourse between Inertia and Change
Many historians view Islamic law as an organic and methodologically coherent system in which there is a systematic link between legal methodology ( uṣūl ) and substantive law ( furūʿ ). In this essay, I will argue against the conventional view, drawing support from the evolutionary trajectories of four genres of juridical writing: abridged legal compendia ( mukhtaṣar s); juristic disagreement ( ikhtilāf) ; the commentary/supercommentary ( sharḥ/ḥ…
Migration in sub-Saharan Africa
This forum contributes to debates on migration, displacement, and place-making in contemporary sub-Saharan Africa. We bring together an interdisciplinary group of scholars to move the existing literature beyond the dominant focus on thecausesof displacement to a rich and granular exploration of itsconsequences. The forum focuses on Somali refugees and migrants for two reasons. First, Somalia is one of the largest refugee-producing countries in th…
Rethinking the Taqlīd Hegemony
Islamic legal historiography has dealt extensively with questions of continuity and change, as epitomized by the relationship between ijtihād and taqlīd. This paper offers a new conceptualization of the ijtihād-taqlīd modes of law-making in the Sunni legal tradition. I argue that the institutional transformation from ijtihād to taqlīd required that jurists transform the views of the founding authorities of the schools over the course of the eleve…
Al-Shaʿrānī’s Response to Legal Purism
Despite the claims of the Egyptian mystic ʿAbd al-Wahhāb al-Shaʿrānī (d. 973/1565) about the novelty of his legal work, many legal scholars see his contribution as a conservative restatement of a well-established doctrine of legal pluralism. This view implies that there was an uncontested view that supported pragmatic forum selection, which he was simply rehashing. I will offer a reevaluation of al-Shaʿrānī’s legal work, placing it within the lar…
Al-Shaʿrānī’s Response to Legal Purism
Despite the claims of the Egyptian mystic ʿAbd al-Wahhāb al-Shaʿrānī (d. 973/1565) about the novelty of his legal work, many legal scholars see his contribution as a conservative restatement of a well-established doctrine of legal pluralism. This view implies that there was an uncontested view that supported pragmatic forum selection, which he was simply rehashing. I will offer a reevaluation of al-Shaʿrānī’s legal work, placing it within the lar…
The Codification Episteme in Islamic Juristic Discourse between Inertia and Change
Many historians view Islamic law as an organic and methodologically coherent system in which there is a systematic link between legal methodology ( uṣūl ) and substantive law ( furūʿ ). In this essay, I will argue against the conventional view, drawing support from the evolutionary trajectories of four genres of juridical writing: abridged legal compendia ( mukhtaṣar s); juristic disagreement ( ikhtilāf) ; the commentary/supercommentary ( sharḥ/ḥ…
The Best Interests of the Child in Pre-modern Islamic Juristic Discourse and Practice
This Article examines an Islamic legal equivalent of the Euro-American concept of the “best interests of the child,” a legal principle underpinning several international conventions. It presents various concepts and arguments made by pre-modern Muslim Sunni jurists in their discussions of legal rules regarding child custody, guardianship, maintenance, and travel with the ward. The Article presents four overarching lines of investigation. The firs…
The Second Formation of Islamic Law
Child Custody in Islamic Law
Customary Practices as Exigencies in Islamic Law
I offer a corrective to Libson’s view that customs made their way into Islamic law in the formative period only through the ḥadīth and ijmāʿ genres. I argue that custom was incorporated into the law through the legal methodologies of Abū Ḥanīfa and Mālik. Due to the success of al-Shāfiʿī’s thesis, later jurists justified custom on grounds of necessity and exigency of the times rather than elevating it to the level of the four-source theory of Isl…
Islamic Law in Theory
Islamic Law in Theory: Studies on Jurisprudence in Honor of Bernard Weiss. Edited by A. Kevin Reinhart and Robert Gleave. Studies on Islamic Law and Society, vol. 37. Leiden: Brill, 2014. Pp. xx + 370. $181, €140
Migration in sub-Saharan Africa
This forum contributes to debates on migration, displacement, and place-making in contemporary sub-Saharan Africa. We bring together an interdisciplinary group of scholars to move the existing literature beyond the dominant focus on thecausesof displacement to a rich and granular exploration of itsconsequences. The forum focuses on Somali refugees and migrants for two reasons. First, Somalia is one of the largest refugee-producing countries in th…
Rethinking the Taqlīd Hegemony
Islamic legal historiography has dealt extensively with questions of continuity and change, as epitomized by the relationship between ijtihād and taqlīd. This paper offers a new conceptualization of the ijtihād-taqlīd modes of law-making in the Sunni legal tradition. I argue that the institutional transformation from ijtihād to taqlīd required that jurists transform the views of the founding authorities of the schools over the course of the eleve…
Law (9 works) · Political science (9 works) · Islamic Studies and History (8 works) · Sociology (8 works) · Islam (7 works) · Law (6 works) · Philosophy (6 works) · Sharia (6 works) · Islamic Finance and Banking Studies (4 works) · Philosophy (4 works)