Rabb, Intisar A.,

Doubt in Islamic law : a history of legal Maxims, interpretation, and Islamic criminal law / Intisar A. Rabb. - xiii, 414 pages ; 24 cm. - Cambridge studies in Islamic civilization. .

'This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law.

Bibliography : page 359-403

Introduction. pt. I. Islamic Institutional Structures and Doubt, First/Seventh-Tenth/Sixteenth Centuries. 1. The God of severity and lenity -- 2. The rise of doubt. pt. II. Morality and Social Context, First/Seventh-Fifth/Eleventh Centuries. 3. Hierarchy and Hudud laws --4. Doubt as moral concern. pt. III. The Jurisprudence of Doubt, Second/Eighth-Tenth/Sixteenth Centuries. 5. Early doubt : Doubt as an element of Islamic criminal law --6. Sunni Doubt : Substantive, procedural, and interpretive doubt. pt. IV. Interpretive Authority, Second/Eighth-Tenth/Sixteenth Centuries. 7. Against Doubt : Strict textualism in opposition to doubt --8. Shiʻi Doubt : Dueling theories of delegation and interpretation. Conclusion : doubt in comparative and contemporary context.

9781107080997 RM478.40


Criminal law (Islamic law)--Interpretation and construction
Belief and doubt.
Legal certainty.