Skip to main content Accessibility help
×
Home

BABER JOHANSEN, Contingency in a Sacred Law: Legal andEthical Norms in the Muslim Fiqh, Studies in Islamic Law and Society (Leiden, Boston,Cologne: E. J. Brill, 1999). Pp. 535.

Published online by Cambridge University Press:  28 April 2003

Abstract

Baber Johansen is perhaps the most original scholar currently working in the field of classical Islamic—predominantly Hanafi—law. It is useful therefore to have fifteen of his articles, not all of which were easily accessible, collected in a single volume, together with a new Introduction. The themes that emerge in the Introduction serve to highlight some of the leitmotifs that occur in the articles that follow. In it, he sketches the development of fiqh as a discrete branch of Islamic learning and outlines some of the characteristic Western approaches to its study. The theme of fiqh as a development independent of theology and formal ethical literature is one that occurs in several of the articles that follow. In “Die sündige gesunde Amme,” Johansen discusses in detail how the systematic reasoning of the jurists and the principle of judging according to only external appearances often led to a sharp distinction between religious ethics and legal rulings. This distinction is also the subject of “Le jugement comme preuve: preuve juridique et verité religieuse dans le droit islamique hanéfite.” Here, he shows how in Hanafi law only what is externally apparent is acceptable as evidence, and how legal proof depends on a formal procedure that recognizes a fixed hierarchy in the different forms of testimony. A consequence of this procedural formalism was that judgments could be unjust but nevertheless valid in law. The injustices that this distinction between legal and ethical norms could on occasion produce was something that the fuqaha¯ acknowledged. However, although a judgment could not be reversed, the aggrieved party could bring a new case with new evidence if a court's decision appeared unjust.

Type
Book Review
Copyright
© 2001 Cambridge University Press

Access options

Get access to the full version of this content by using one of the access options below.

PDF 291 KB

Full text views

Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views.

Total number of HTML views: 5
Total number of PDF views: 45 *
View data table for this chart

* Views captured on Cambridge Core between September 2016 - 15th January 2021. This data will be updated every 24 hours.

Hostname: page-component-77fc7d77f9-wd6lz Total loading time: 0.355 Render date: 2021-01-15T15:54:49.385Z Query parameters: { "hasAccess": "0", "openAccess": "0", "isLogged": "0", "lang": "en" } Feature Flags last update: Fri Jan 15 2021 15:50:29 GMT+0000 (Coordinated Universal Time) Feature Flags: { "metrics": true, "metricsAbstractViews": false, "peerReview": true, "crossMark": true, "comments": true, "relatedCommentaries": true, "subject": true, "clr": true, "languageSwitch": true, "figures": false, "newCiteModal": false, "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true }

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

BABER JOHANSEN, Contingency in a Sacred Law: Legal and Ethical Norms in the Muslim Fiqh, Studies in Islamic Law and Society (Leiden, Boston, Cologne: E. J. Brill, 1999). Pp. 535.
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

BABER JOHANSEN, Contingency in a Sacred Law: Legal and Ethical Norms in the Muslim Fiqh, Studies in Islamic Law and Society (Leiden, Boston, Cologne: E. J. Brill, 1999). Pp. 535.
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

BABER JOHANSEN, Contingency in a Sacred Law: Legal and Ethical Norms in the Muslim Fiqh, Studies in Islamic Law and Society (Leiden, Boston, Cologne: E. J. Brill, 1999). Pp. 535.
Available formats
×
×

Reply to: Submit a response


Your details


Conflicting interests

Do you have any conflicting interests? *