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Islam without EuropeTraditions of Reform in Eighteenth-Century Islamic Thought$
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Ahmad S. Dallal

Print publication date: 2018

Print ISBN-13: 9781469641409

Published to North Carolina Scholarship Online: January 2019

DOI: 10.5149/northcarolina/9781469641409.001.0001

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The Limits of the Sacred

(p.280) Conclusion
Islam without Europe

Ahmad S. Dallal

University of North Carolina Press

Whether through a deliberate and conscious reconfiguring of choice juristic symbols and idioms, or through an academic attempt to order and classify the cumulative outcomes of a gradually emerging legal tradition, the legal writings of eighteenth century reformers were also historical writings that reflected on the historical contexts in which the law was articulated, and commented on the social and political crises of their times. As such, the legal writings of eighteenth-century reformers were sites in which traditional notions of authority were assessed, contested and restructured. This Chapter focuses on this aspect of eighteenth century legacy. It underscores the fact that the primary site of eighteenth century reform was in the fields of usul (theoretical principles). It also outlines the systematic arguments generated in the eighteenth century that limited the scope of religious law rather than extending it endlessly through legal analogy.

Keywords:   Usul al-fiqh (principles of jurisprudence), Qiyas (legal analogy), Taysir (facility), Limitedness of religious law, Ijma‘ (consensus)

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