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" The Dialectic of the Law: Certainty, Continuity and Society in al-Juwaynī "


Document Type : Latin Dissertation
Language of Document : English
Record Number : 803210
Doc. No : TL47990
Call number : ‭1626386723;‮ ‬3645701‬
Main Entry : Marion, Michele
Title & Author : The Dialectic of the Law: Certainty, Continuity and Society in al-Juwaynī\ Sohaira Zahid SiddiquiAhmad, Ahmad A.
College : University of California, Santa Barbara
Date : 2014
Degree : Ph.D.
field of study : Religious Studies
student score : 2014
Page No : 383
Note : Committee members: Campo, Juan; El Omari, Racha
Note : Place of publication: United States, Ann Arbor; ISBN=978-1-321-35015-9
Abstract : 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.
Subject : Islamic Studies; Middle Eastern Studies
Descriptor : Social sciences;Epistemology;Islamic law;Islamic political thought
Added Entry : Ahmad, Ahmad A.
Added Entry : Religious StudiesUniversity of California, Santa Barbara
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