Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Divine Purposiveness and its Implications in Legal Theory: The Interplay of Kalām and Uṣūl al-Fiqh

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

While jurisprudents agree that the Sharīʿa serves to benefit human beings because God is wise and merciful, they disagree as to the nature of the correlation between God’s rulings and these benefits. Does God legislate with the purpose of benefitting consumers of the law? In this essay I investigate the Ashʿarī doctrine on whether God can be said to act purposively and how this doctrine influences legal theory (uṣūl al-fiqh). I will examine Sayf al-Dīn al-Āmidī’s position on this issue in his theological writings and his work on legal theory. By focusing on one particular aspect of legal theory, I will demonstrate how the issue of purposiveness in God’s acts substantively impacts methodologies for the derivation of legal rules. I will then highlight the mechanisms al-Āmidī develops as a means of constructing a theory that maintains consistency and integrity, and compare his view to that of Fakhr al-Dīn al-Rāzī’s (d. 606/1209).


Affiliations: 1: Stanford Law School
 rkoujah@stanford.edu


10.1163/15685195-00243p01
/content/journals/10.1163/15685195-00243p01
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/15685195-00243p01
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15685195-00243p01
Loading

Article metrics loading...

/content/journals/10.1163/15685195-00243p01
2017-06-09
2017-11-20

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation