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islamic jurisprudence lecture 8

Tags: islamic jurisprudence

  • “The ijtihadic hermeneutics Hallaq has written about were predicated partly on a set of assumptions running throughout Islamic jurisprudence, to wit, that “each individual and circumstance was deemed unique, requiring ijtihad [independent reasoning; innovative legal interpretation of (or on the basis of) sacred texts; judicial creativity] that was context-specific” (2009, 546), and that this reasoning should therefore typically take into consideration (among other things) a relatively expansive range of disputants' actions, intentions, character traits, and biographical data.” (Peletz 2020:60)
    • hallaq’s history of sharia
    • three sections
      • development of classical sharia
      • subject by subject exposition by content
        • ritual law and marital law
      • the complete rupture between classical sharia tradition and phenomena labeled as sharia courts
      • classical islamic law is not a set of rules, but it epistime
        • herminuitcal tradition that is
    • “the impossible state” - sharia is not something that is compatible
    • is certain kinds of religious and intellectual cultivation dependenant on insitutions?
      • what framing does citing hallaq provide us?
        • test drive his hypothesis? to what extent if we use hallaq’s claim as a baseline to focus our attention
          • what does this yield?
            • in order to aid in the ongoing enterprise of asking good questions?
            • what water is it carrying in peletz?
              • chapter 3 -> considered ijtihad, turned out not relevant -> transparant about method
    • what is hallaq’s big point?
      • is codification incompatible with sharia? with what sharia is?
        • are people citing the quran and the hadith?
  • what is the underlying question?
    • what does it mean for the context to be performed and experienced as a manifestation of sharia?
    • what does it mean for these people to be sharia?
      • is this a salient aspect of what is happening?
  • the increasing putitiveness is to create legitimacy for the sharia courts
    • different society needs are responded with the choice
  • what consittute the prestige of the islamic court systems?
    • what constitutes the belief in the court system?
    • is this performance for people outside of malaysia?
      • is this a way of asserting malaysia’s islamicity?
        • are we creating a self governing subject?
        • are we enlisting the islamic enterprise in the creation of an islamic state?
          • two moving targets: islamicity and neoliberalism
          • the citizen as a consumer of islam, citizen consumes the all envoloping experience of the state and its sanctions as being continious with islam
          • how successful is there a generation of a user-friendly islam that is user-friendly and intending?
            • pervasive to enlisting people?
      • making it legibile for non-islamic groups?