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Shari'ah Law an Introduction
A world expert's introduction to the controversial subject of Islamic lawProviding a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discussestopics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.
342 pages, Kindle Edition
First published February 8, 2008
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About the author
Mohammad Hashim Kamali
60 books55 followersMohammad Hashim Kamali, B. A., Law & Political Science, Kabul University, 1965
LLM., Comparative Law, University of London, 1972, Ph.D., University of London. 1976
Current Position: Founding Chairman & Cheif Excecutive Officer, International Institute of Advanced Islamic Studies (IAIS) Malaysia.
Date and Place of Birth: 7 February 1944, Lalpur, Nangarhar, Afghanistan.
Nationality: Afghan and Canadian, Permanent Resident of Malaysia as of 3 April 2003
Marital Status: Married - have two children born in 1976 and 1979 respectively
LLM., Comparative Law, University of London, 1972, Ph.D., University of London. 1976
Current Position: Founding Chairman & Cheif Excecutive Officer, International Institute of Advanced Islamic Studies (IAIS) Malaysia.
Date and Place of Birth: 7 February 1944, Lalpur, Nangarhar, Afghanistan.
Nationality: Afghan and Canadian, Permanent Resident of Malaysia as of 3 April 2003
Marital Status: Married - have two children born in 1976 and 1979 respectively
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Displaying 1 - 6 of 6 reviews
August 15, 2010
I don't mean so much to give this book "only two stars" as to just say, "it was okay." I have mixed feelings about it. On the one hand it discusses a lot of issues that are often ignored in introductory texts on Islamic law, such as legal maxims and the maqasid (objectives/spirit of the law), both of which feature heavily in Kamali's discussion. On the other hand, the book offers very little by way of detailing the substantive (or even procedural) law of fiqh. While that in itself is not a problem, I just think Bernard Weiss's The Spirit of Islamic Law does a much better (and more concise) job giving the kind of introduction that Kamali seems to have wanted to write.
That said, Kamali's approach is distinct in its view of Islamic law in application and not merely as an abstract, theoretical and pre-modern if not dead entity. The book is written from within the Muslim world, so to speak, and from the perspective of someone himself involved in the real, ongoing debates and policy-making that are currently shaping the theory and practice of fiqh. Partly because of this, however, the book feels more like a set of specifics arguments by the author, rather than just an introduction (even though I know it's never easy to draw the line, and every "description" is also an interpretation/argument). But Kamali's arguments--for example, about the supposed advantages of siyasa shar`iyaa ("shari`a-oriented policy") in the modern world--are not sufficiently well developed or well reasoned. In fact, at times the book feels almost like too much like an apology.
While Kamali's extensive familiarity with the classical sources as well as contemporary Arabic scholarship on fiqh is impressive, I was also surprised by the almost total lack of references in the book to secondary literature in English. This is almost certainly deliberate; at some point the authors characterizes all Western academic treatment of Islamic law as too "theoretical" and "over-critical." While he is entitled to his opinions, I think it's unfortunate that he chooses not to benefit from at least some of the academic contributions in legal history. This also leads Kamali to make certain claims that are now quite simply untenable, for example, his acceptance at face value of the notion of the supposed "closing of the gate of ijtihad" (a topic to which Kamali devotes considerable attention, since the need for a new, modern ijtihad is one of his main arguments). But of course, there has been a lot of research, such as by Hallaq and Johansen, which substantially complicates this whole discussion of ijtihad.
That said, Kamali's approach is distinct in its view of Islamic law in application and not merely as an abstract, theoretical and pre-modern if not dead entity. The book is written from within the Muslim world, so to speak, and from the perspective of someone himself involved in the real, ongoing debates and policy-making that are currently shaping the theory and practice of fiqh. Partly because of this, however, the book feels more like a set of specifics arguments by the author, rather than just an introduction (even though I know it's never easy to draw the line, and every "description" is also an interpretation/argument). But Kamali's arguments--for example, about the supposed advantages of siyasa shar`iyaa ("shari`a-oriented policy") in the modern world--are not sufficiently well developed or well reasoned. In fact, at times the book feels almost like too much like an apology.
While Kamali's extensive familiarity with the classical sources as well as contemporary Arabic scholarship on fiqh is impressive, I was also surprised by the almost total lack of references in the book to secondary literature in English. This is almost certainly deliberate; at some point the authors characterizes all Western academic treatment of Islamic law as too "theoretical" and "over-critical." While he is entitled to his opinions, I think it's unfortunate that he chooses not to benefit from at least some of the academic contributions in legal history. This also leads Kamali to make certain claims that are now quite simply untenable, for example, his acceptance at face value of the notion of the supposed "closing of the gate of ijtihad" (a topic to which Kamali devotes considerable attention, since the need for a new, modern ijtihad is one of his main arguments). But of course, there has been a lot of research, such as by Hallaq and Johansen, which substantially complicates this whole discussion of ijtihad.
March 24, 2015
A good-book; the author takes a thematic look at various aspects of the Shari'ah covering a broad berth of topics - touching upon but not delving into a detailed systematic presentation of ideas and concepts. This text for most people would not be classed as "introductory" as it predisposes itself to a some-what pre-informed readership. So if you are seeking a beginners guide to the Shari'ah this certainly is not the one - look elsewhere. The book is replete with interesting points and illustrative examples. However one feels that the book does not go the full distance in conveying a sense of what Shari'ah Law is - the author fails to convincingly convey a holistic sense, much of which is lost in the prevailing fragmentary discussions. Having said this, the text contains much to interest the informed reader and is a good point of departure for further exploration, to this end the author could have improved the value of the text by offering "further reading recommendations" towards the end of each of the respective chapters.
The book would get a three-star rating, but the broad coverage attemped pushes this to a four-star rating.
October 10, 2014
By "an introduction" one should understand "an in depth exploration for those not raised in the intellectual tradition of Islamic Law." His core argument is that the intellectual trend in early modern times of unreflectively following tradition has been and must continue to be replaced by interpretive movements.
January 8, 2016
A great book as a foundation in understanding the basic principles of Islamic Law.
September 18, 2013
Not being an Arabic speaker, I found it hard to remember what the different words meant, and had to refer back to the definitions regularly. This book was heavy going. I had to read it twice. I suppose that is because law is heavy going. And Shari'ah even more so. Now off to find a book that breaks it down in much more basic terms!
July 30, 2016
3.5 stars. A well written introduction to the subject. The coverage of content and historical development is quite good, though there is less theoretical analysis (and more "lecturing" in broad strokes), which can either be a boon or a bane depending on the reader's needs. But for its purpose as a textbook, it works well.
Displaying 1 - 6 of 6 reviews