Legal maxims in Islamic law : : concept, history and application of axioms of juristic accumulation / / Necmettin Kızılkaya.

• Superior document: Brill's Arab and Islamic Laws Series ; Volume 15
• VerfasserIn: Kızılkaya, Necmettin, 1978-
• Place / Publishing House: Leiden, Netherlands : : Brill,, [2021]; ©2021
• Year of Publication: 2021
• Language: English
• Series: Brill's Arab and Islamic laws series ; Volume 15.
• Physical Description: 1 online resource.

The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.

Table of Contents

The conceptual analysis of the legal maxim and its process of becoming a technical term -- The relationship of the legal maxim to similar concepts -- Sources of the legal Maxims -- Genres in Islamic Law -- The 4/ 10th-7/ 13th centuries / the formative period of the literature of legal Maxims -- The 8/ 14th-9/ 14th centuries and the rise of the Shāfii legal Maxims tradition -- 10/ 16th century / the systemization of maxim literature in terms of language and style -- The period between the 11/ 17th century and the Majalla / commentaries and glosses -- From legal Maxims to codification / Mecelle-i Ahkāmı Adliye -- The legal nature of the Maxim -- The function of the Maxim legal maxims in the literature of compendia, commentary and glosses genres -- Legal Maxims in the literature of Fatwā, Nawāzil and Uṣūl al-Fiqh -- Conclusion.