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?