The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law (Logic, Argumentation & Reasoning, 9),Used

The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law (Logic, Argumentation & Reasoning, 9),Used

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The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of premodern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialecticsbased analytical method for the study of premodern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadaltheory, and proposes a multicomponent paradigmthe Dialectical Forge Modelto account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated protosystem of juridical dialectical teaching and practice evident in Islams second century, severalgenerations before the first fullsystem treatises of legal and dialectical theory were composed. This protosystem is revealed from analyses of dialectical sequences in the 2nd/8th century Kitab Ikhtilaf al?Iraqiyyin / ?Iraqiyyayn (the subjecttext) through a lens molded from 5th/11th century jadaltheory treatises (the lenstexts). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.

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