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" The Dialectic of the Law: Certainty, Continuity and Society in al-Juwaynī "
Sohaira Zahid Siddiqui
Ahmad, Ahmad A.
Document Type
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Latin Dissertation
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Language of Document
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English
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Record Number
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803210
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Doc. No
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TL47990
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Call number
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1626386723; 3645701
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Main Entry
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Marion, Michele
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Title & Author
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The Dialectic of the Law: Certainty, Continuity and Society in al-Juwaynī\ Sohaira Zahid SiddiquiAhmad, Ahmad A.
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College
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University of California, Santa Barbara
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Date
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2014
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Degree
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Ph.D.
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field of study
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Religious Studies
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student score
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2014
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Page No
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383
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Note
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Committee members: Campo, Juan; El Omari, Racha
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Note
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Place of publication: United States, Ann Arbor; ISBN=978-1-321-35015-9
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Abstract
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Abū Ma'ali al-Juwaynī was one of the most celebrated jurists and theologians of the 5<sup>th</sup>/11<sup>th</sup> century and left behind him an extensive oeuvre on topics ranging from the etiquettes of disputation and theology to comparative law and jurisprudence. His scholarly production has thus far not been adequately matched with any comprehensive study that moves beyond an analysis of a singular work. This dissertation aims to fulfill this lacuna by surveying his primary texts to unfurl his scholarly commitments and preoccupations. Through an investigation specifically into al-Juwaynī's <i>Burhan Usul ul-Fiqh</i> and <i> Ghiyāth al-Umam,</i> it becomes clear that al-Juwaynī is continuously balancing between his desire for certainty in both theological and legal matters, and his desire to preserve the future of the believing Muslim community irrespective of social, religious and political flux. al-Juwaynī is able to do this by proposing a new epistemology which affirms the cognitive capabilities of the individual and creates a framework through which the individual can have <i>practical</i> certainty in their affairs even if ontological certainty remains precluded. Once al-Juwaynī establishes this, he is able to argue that regardless of religious and social change external to the individual, the internal knowledge which has become <i>practically</i> certain remains preserved.
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Subject
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Islamic Studies; Middle Eastern Studies
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Descriptor
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Social sciences;Epistemology;Islamic law;Islamic political thought
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Added Entry
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Ahmad, Ahmad A.
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Added Entry
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Religious StudiesUniversity of California, Santa Barbara
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