Download Rebellion and Violence in Islamic Law by Khaled Abou El Fadl PDF

By Khaled Abou El Fadl

Khaled Abou El Fadl's booklet represents the 1st systematic exam of the belief and therapy of political resistance and uprising in Islamic legislations. Pre-modern jurists produced an intensive and complex discourse at the legality of uprising and the therapy as a result of rebels less than Islamic legislation. The e-book examines the emergence and improvement of those discourses from the 8th to the 15th centuries, and considers juristic responses to a number of the terror-inducing innovations hired by means of rebels--including assassination, stealth assaults and rape. The examine demonstrates how Muslim jurists went approximately restructuring numerous competing doctrinal resources that allows you to build a hugely technical discourse on uprising. certainly lots of those rulings could have a profound impression on contempoary practices. this is often a tremendous and not easy publication which sheds mild at the complexities of Islamic legislation, and pre-modern attitudes to dissidence and uprising.

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Sample text

The surprising fact, and the fact that needs to be analyzed, is why many jurists permitted rebellion at all. This analysis is exactly what will occupy us for the rest of this study. 1 Apostates may be killed unless they repent,2 and brigands and highway robbers may be killed, crucified, have a hand and foot amputated, or banished; however, rebels may not be killed, tortured, or imprisoned. Apostasy and brigandage are very serious crimes and are punished harshly. Insurrection or rebellion is not a crime and is treated leniently.

A corporate identity does not mean the sharing of exactly the same set of interests, but it does mean the sharing of a common sense of conditions for legitimacy, purpose, and destiny. Jurists as a corporate entity come to speak a common language and employ a shared set of symbolism signifying meaning and purpose. Corporate entities will produce indicators of status and value, and will often produce a jargon or technical language that becomes the symbol of inclusion and personal legitimacy. The jargon or technical language and the way it is deployed and developed is what I have called the linguistic practice of jurists.

Von Jhering argues that law depends on coercion, norms, and purpose, and is the product of social life as supported by the power of the state. The purpose of law is to secure the conditions for social life. On Von Jhering, see Kelly, Short, 332–3. Ehrlich argues that law is produced by social facts or forces operating in society which exist in the conviction of people. The source of most norms is society, and not the state. The center of gravity of legal development is society, and not legislation or courts: see Ehrlich, Fundamental.

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