The Renewal of Islamic Law; Muhammad Baqer as-Sadr, Najaf and the Shi’i International
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Author: CHIBLI MALLAT
Publisher: CAMBRIDGE
Category: Various Books
ISBN: 0 521 43319 3
Author: CHIBLI MALLAT
Publisher: CAMBRIDGE
Category: ISBN: 0 521 43319 3
visits: 15147
Download: 3962
- Acknowledgments
- Note on transliteration and dates
- Italic and capitals
- Abbreviations
- Dates
- General introduction: The law in the Islamic Renaissance and the role of Muhammad Baqer as-Sadr
- Law as Lingua Franca
- Muhammad Baqer as-Sadr: a bio-bibliographical presentation
- The political context
- PART I: Islamic law and the constitution
- Introduction to Part I
- 1- Archetypes of Shi’i law
- The relevance of the Usuli/ Akhbari controversy
- Akhbaris and Usulis: the differences
- Absolute rapprochement
- Conclusion: The significance of the controversy
- Shi’i law colleges, traditional curriculum and new concerns
- An early episode: when did Sadr stop imitating?
- Legal studies in Najaf, or how one becomes a mujtahid
- Study cycles
- The’diploma’
- The structure of civil society
- Shi’i internationalism
- ‘Reputation’ and the new concerns
- The challenge to the law curriculum
- Relevance to the present
- A late episode: Sadr and the exchange of letters with Khumaini in 1979-80, or’who is the most learned jurist?’
- Conclusion: the Renaissance and the marjaiyyaa
- 2- On the origins of the Iranian constitution: Muhammad Baqer as-Sadr’s 1979 treatises
- Introduction: on wilayat al-faqih
- Stage 1: reading the Qur’an constitutionally
- Stage 2 : the philosophical perspective
- Stage 3: proposing a constitution for Iran
- The two-tier separation of powers
- Prerogatives of the marja’ jrahbar
- Internal structure and historical legitimisation
- 3- The first decade of the Iranian constitution: problems of the least dangerous branch
- The jurists in the constitution
- The Council of Guardians between legislature and executive
- The jurist in the Iranian constitution: comparative perspectives
- The January debate and its aftermath
- Islamic law constrained
- Towards the demise of the Council of Guardians
- The final stage
- Epilogue: the opening of a new constitutional decade
- PART II: Islamic law,’Islamic economics’ and the interest-free bank
- Introduction to Part II
- 4- Law and the discovery of’Islamic economics’
- Iqtisaduna, an expose
- Principles and method
- Principles of Islamic economics
- ‘Islamic economics as part of a larger system’
- The status of religion in the economy: subjective impulse v. social interests
- ‘Islamic economics is not a science’
- The central economic problem
- Labour and need
- The method of Iqtisaduna: law and economics
- Distribution and the factors of production
- Factor one. Land
- A: Land historically determined
- AI: Land of conquest
- AIa: Man-made prosperous land: public property
- Alb: Dead land at the time of the conquest: state property
- AIc: Naturally prosperous land
- A2: Land of persuasion
- A3: Land of agreement
- B: The requirement of constant exploitation and the theory of land ownership
- A general theory can now be sketched
- Factor two. Minerals
- Factors three and four. Water and other natural resources
- Conclusion: The general theory of distribution before production
- Distribution and justice
- A: Distribution after production
- The superstructure -What the fuqaha have to say
- B: Production and the role of the state
- Iqtisaduna, Perspectives
- Iqtisaduna in the literature
- Theory and practice: Iqtisaduna, land reform and state intervention in Iran
- 5- Muhammad Baqer as-Sadr and Islamic banking
- Iqtisaduna on riba and Islamic economics
- Riba in al-Bank al-la Ribawi fil-Islam
- An Islamic bank in an adverse economic environment
- The interest-free bank: introductory remarks
- The interest-free bank between depositors and investors
- A The regime of term (fixed) deposits
- B Profit and the Islamic bank
- C The regime of mobile deposits (IFB 65-8)
- The interest-free bank’s activities
- A: Deposits, loans, and the compensation theory
- B: The cheque as transaction
- C: Theory of deposits
- D: Other transactions
- First category: Services to customers
- Second category: loans and facilities
- Third category: purchase of commercial papers
- Banks in an Islamic environment
- Conclusion: new financial horizons for the sharfa
- Epilogue: the economics of lawyers and historians
- Conclusion: The costs of renewal
- Notes
- The law in the Islamic Renaissance and the role of Muhammad Baqer as-Sadr
- Introduction to Part I
- 5’ Dossier’, in Cahiers de P Orient, 1988, quoted this volume, General introduction, n. 34-1- Archetypes of Shi’i law
- 2- On the origins of the Iranian constitution: Muhammad Baqer as-Sadr’s 1979 treatises
- 3- The first decade of the Iranian constitution: problems of the least dangerous branch
- Introduction to Part II
- 4- Law and the discovery of’Islamic economics’
- 5- Muhammad Baqer as-Sadr and Islamic banking
- Bibliography
- Books and Pamphlets
- Articles