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Islamic Law
Cases, Authorities and Worldview
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5/6/2018 Islamic Law | Reading Religion
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Ahmad A f Ahmad

New York, NY: Bloomsbury Academic, October 2017. 224 pages. $47.99. Paperback. ISBN 9781474274494. For other formats: Link to Publisher's Website.

Review
Islamic law, as a discipline, has its own complexi es arising from, among other things, the tension between its origin and its diverse applica ons.
Because of this, teaching Islamic law is no less than a herculean task. Islamic Law: Cases, Authori es and Worldview is one of many introductory texts
on the subject, and though it is wri en in a highly academic manner, it does away with much useless technical jargon and sophis ca on whole being
uncompromisingly authen c. The author, Ahmad A f Ahmad, professor of religious studies at the University of California, has grappled with the subject
of Islamic law through the prism of “cases,” “authori es,” and “worldview” to engage undergraduate students in a though ul manner. Based on a
compara ve approach, it serves as an impetus for students to think through the issues of the applica on of Islamic law in Muslim majority and minority
contexts, including the US, Saudi Arabia, Egypt, and Pakistan.

The book is divided into eight chapters, and has in addi on an introduc on, five appendices, a rich list of books for further reading, and a research
friendly index. The division of the subject ma er of the book into such chapters as Madhhabs, Theorizing the Shari‘a, The Social Shari‘a, The Personal
Shari‘a, and so forth is indica ve of the comprehensiveness of the book as well as the me culous a en on paid by the author to his work.

Targe ng a college-level, Anglophone student without presuming any technical legal knowledge or Muslim background, Ahmad has a empted to provide
a simplified understanding of Islamic law. The first unit is based on three cases involving ques ons of extra-marital rela onships, punishment for lewd
and unbecoming behavior, and prayer-work adjustments for workers. Through a detailed analysis of these cases following the procedure of “ar cula ng
the facts, iden fying the ruling(s), and determining the ra onale of the ruling” (8), Ahmad has grappled with the extent of the applica on of Islamic
law as well as the diversity of its tools. He brings into focus how the diversity of legal opinions regarding a par cular issue since medieval mes is
helpful in solving new cases in present mes. Besides, through these cases, we come to understand that Islamic law, at least in its applica on, is not
only law in the sense of rulings imposed or backed by a force (such as a state) but also the non-binding legal opinions (fatwa) that fulfill requirements
of morality rather than power.

The second chapter is concerned with the scholarly search on part of the Islamic jurists to “‘discern’ God’s ways from His revela ons (Qur’an) and his
messenger’s path (Sunna)” (27). This chapter provides a comprehensive introduc on to the different schools of Islamic law including Sunni schools, Shi’a
schools, other living schools (like the Ibadi school) as well as the ex nct schools (including those of Tabari, Ibn Abi Layla, and Sufyan al-Thawri). Besides
providing brief biographical details of the founders of these schools, the author has also dealt with the tools of legal reasoning employed in these
schools.

The next chapter of the book introduces us to the basic theore cal apparatus employed in Islamic legal reasoning. It discusses classifica on of human
ac ons and the sources of law (both textual and extra-textual) in Islamic legal theory. The author arrives at a substan al conclusion that “as the Islamic
legal tradi ons func oned in certain locali es within the confines of one madhhabor school of law, constant disagreement and reconsidera on of what
the law iswould be minimized” (68, emphasis in original).

The role of Islamic law in governing social life, personal life, and na onal laws as well as the transna onal arena is discussed in chapters 4 to 7
respec vely. The role of Islamic law in global financial ins tu ons and in the cyber world are an ample proof of its contemporary relevance beyond its
par cular historical and geographic origin. The last unit is devoted to a discussion of the interac on between society, law, and government. This chapter
includes such intellectually demanding and engaging discussions as the issue of the caliphate, the jurisprudence of poli cal revolu on, the dialec cs of
law versus ethics, and the resort of different non-state and regional actors to Islamic law for mee ng their ends.

The value of the book is further enriched by the inclusion of two short units of primary source material (related to Ibadiand Hanafi fiqh) in transla on.
The Ibadi texts are concerned with the issues of authority in Islamic law, the unity or mul plicity of God’s truth, the choice of one among different
conflic ng but equal opinions, and the rela onship between scholars and laity vis-à-vis the truth. The Hanafi text is related to the tension between
general and specific authority as exemplified in the conflict between legal and execu ve authori es within society.

In sum, the book is an exemplary introduc on to Islamic law encompassing its history, theory, as well as its diverse applica ons in personal, social,
na onal, and transna onal realms of human life. As a student of and researcher in Islamic law, I consider it worth recommending for inclusion in the
syllabi of Islamic studies classes at undergraduate and postgraduate levels in universi es around the world, especially India and Pakistan. Keeping in
view its contents, language, and style of presenta on, along with the diversity of issues it addresses vis-à-vis the applica on of Islamic law, it is far
be er than the books on Islamic law that are currently in use in Islamic Studies classes in Indo-Pak universi es.

About the Reviewer(s):

Gowhar Quadir Wani is Senior Research Fellow in the Department of Islamic Studies at Aligarh Muslim Universisty in Aligarh, India.

Date of Review:
May 3, 2018

About the Author(s)/Editor(s)/Translator(s):

Ahmad A f Ahmad is professor of religious studies at the University of California, Santa Barbara.

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