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Comparing Religions Through Law : Judaism and Islam - Jacob Neusner

Comparing Religions Through Law

Judaism and Islam

Hardcover

Published: 24th June 1999
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Both Judaism and Islam define the character of the social order, morality and theology through law, reflecting the shared view that there is nothing in human life beyond the scope of divine concern. But the uniqueness of the two religions is apparent in the areas where they disagree: the idea of the Land of Israel has no counterpart in Islam, while Islam's jihad is nowhere to be found in Jewish law. The authors compare the classical statements of the Torah and of classical Sunni Islamic law to present an innovative study that compares and contrasts the two religions, and offers an example of how comparative religious studies can provide the grounds for mutual understanding.

"This work provides a scholarly model for a greater understanding of the two relilgions of Judaism and Islam. Highly recommended..." -"Choice ..."a hugely important and fascinating topic." -"Middle East Quarterly, June 2000

Preface
Comparing Islam and Judaism in Particular
Why Compare Religions and Why Compare their Laws?
The Nonotheist Religions, Judaism, Christianity, Islam
Which Judaism, Which Islam, and Why?
Category Formations: Comparing Incomparables
Shared Structure
Shared Disproportionate Categories
Where They Say Much the Same Thing about the Same Topic
Where They Say Different Things about the Same Topic
Unique Categories: Areas Where They Do Not Intersect
The Authoritative Documents of Judaism and Islam
Where Do We Look for the Law?
The Written Torah and the Oral Torah: Scripture, the Mishnah and the Talmuds
Scripture: The Written Torah
Mishnah: The Oral Torah
The Talmuds C. Islamic Counterparts
Scripture: The Qur'an
Tradition: The Sunna
Fiqh
Conclusions
The Intellectual Sources of the Law
How Do the Authorities of the Law Reason?
Islam: Consensus, Reasoning, Exceptions
Consensus (Ijma')
Reasoning (ijtihad)
Exceptions
Judaic Counterparts: Exegesis, Logic, Argument, Dialectics
Exegesis: Midrash Halakhah
The Mishnah's Applied Logic of Hierarchical Classification
The Argument of Analogy and Contrast
The Talmud's Dialectics
Conclusions
The Working of the Law: Institutions
Institutional Authority
The Israelite Court in the Legal Narrative of Islam
Legitimacy
Courts' Jurisdiction
Evidence
Punishments
Conclusions
The Working of the Law: Personnel
Bases of Authority
Islam
Legal Scholars (Fuqaha')
Judges
Muftis
Judaism: The sage
Conclusions
Disproportions
Temple Law and Sacrifice
Temple Law and Sacrifice in Judaism
Sacrifice in Islam
Slave Laws in Islam and Judaism
Slave Laws in Islam
Slave Laws in Judaism
Sacred Time/Sabbath in Judaism and Sacred Time/Pilgrimage Islam
Judaism: Sacred Time/Sabbath
Islam: Sacred Time/Pilgrimage
Conclusions
Unique Categories
The Unique Category
Enlandisement (Judaism)
Jihad (Islam)
The Sage and Torah Study in Judaism
Khilafah and the Legal Scholars in Islam
History, Time, and Paradigm in Judaism
History in Islam
Epilogue
Comparisons Up Close
Judaism and Islam: Comparisons in the Context of World
Religions
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780415194860
ISBN-10: 0415194865
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 276
Published: 24th June 1999
Publisher: Taylor & Francis Ltd
Country of Publication: GB
Dimensions (cm): 24.77 x 17.15  x 2.54
Weight (kg): 0.66
Edition Number: 1