Alexandria Digital Research Library

The dialectic of the law : certainty, continuity and society in al-Juwayni

Author:
Siddiqui, Sohaira Zahid
Degree Grantor:
University of California, Santa Barbara. Religious Studies
Degree Supervisor:
Ahmad A. Ahmad
Place of Publication:
[Santa Barbara, Calif.]
Publisher:
University of California, Santa Barbara
Creation Date:
2014
Issued Date:
2014
Topics:
Islamic Studies and Middle Eastern Studies
Keywords:
Islamic Law
Epistemology
Islamic Political Thought
Genres:
Online resources and Dissertations, Academic
Dissertation:
Ph.D.--University of California, Santa Barbara, 2014
Description:

Abu Ma'ali al-Juwayni was one of the most celebrated jurists and theologians of the 5th/11th 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-Juwayni's Burhan Usul ul-Fiqh and Ghiyath al-Umam, it becomes clear that al-Juwayni 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-Juwayni 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 practical certainty in their affairs even if ontological certainty remains precluded. Once al-Juwayni establishes this, he is able to argue that regardless of religious and social change external to the individual, the internal knowledge which has become practically certain remains preserved.

This epistemological framework constructed by al-Juwayni in his Burhan is pushed to the limits in his Ghiyathi where he envisions the complete disintegration and dismantling of the Caliphate and its subsidiary institutions in toto. As opposed to envisioning complete chaos al-Juwayni argues for the continuity of society based on religious knowledge which is ingrained in the individual and buttressed by a Shari'a based custom through collective action. For al-Juwayni the complete absence of society is only possible when Shari'a knowledge is completely eradicated from individual and collective memory. In this way, al-Juwayni articulates a more expansive notion of the Shari'a which is responsive to religious, political and social change and continuously acts as a governing force in the lives of the people to adhere to it. As a corollary, the Shari'a more than a static body of laws is a mechanism of governance which transcends any formal apparatus of government and is able to ensure societal continuity in the absence of the latter.

Through this dissertation the reader will be exposed to the syncretic nature of al-Juwayni's scholarship which combines different disciplinary inquiries in a unique way in order to fulfill al-Juwayni's two pronged desire for certainty and continuity. Living during a time of intellectual and political upheaval, al-Juwayni's ideas are both alarmingly practical and prescient. For scholars today still grappling with the Shari'a, its future, and prospects for reform, al-Juwayni's thoughts will provide a window into the ways in which classical legal scholars grappled with similar dilemmas.

Physical Description:
1 online resource (383 pages)
Format:
Text
Collection(s):
UCSB electronic theses and dissertations
ARK:
ark:/48907/f3kk98xr
ISBN:
9781321350159
Catalog System Number:
990045117650203776
Rights:
Inc.icon only.dark In Copyright
Copyright Holder:
Sohaira Siddiqui
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