Reviews for Law And Sacrifice Towards A Post-apartheid Theory Of Law

The average rating for Law And Sacrifice Towards A Post-apartheid Theory Of Law based on 2 reviews is 4.5 stars.

Review # 1 was written on 2011-12-16 00:00:00 Anthony Cariello if you only can read English, this is a very good book in the subject, but if you can read Arabic there are better books than this. This book was originally a Phd thesis and the author conclude that it’s difficult to form a single theory about the treatment of intention in Islamic law. I only read chapter1, 4, section 3 from chapter 5, and chapter 7, so I do apologise if some of my points are already addressed in other parts of the books. In discussing the opinions of shafi’i in regarding the intention in the contract, I thought it should be made clear the difference between what they called (sheyh deyanh ) and (sheyh qeda'). (صحيح ديانة و صحيح قضاء)Some of the contracts which they were approved by the shafi’i qeda' but not deyanh, they were religiously not veiled but legally enforceable. So, the claim that their position deemphasise the moral aspect of the actions might not be accurate. Moreover, in Baiaa AlEinaa , some of the shafi’i said if the trader has the habits of practicing it, is not legally veiled, as this clearly indicates his intention of avoiding the prohibition of interest. I think a deep analysis for the positions of different school - including Zahiris - from Baiaa AlEinaa and related contracts could further clarify the treatment of intention is Islamic jurisprudence. For example, why the Hanbali School strongly prohibits Baiaa AlEinaa while allowing Tawarruq contract, although it has a similar outcome? A reference to Zahiris School in this regards is vital as well. In chapter 5, which I skimmed through, I was expecting a discussion of the issue of nekah alethelyel (نكاح التحليل): a formalistic marriage after three-time divorces. In my humble opinion, this issue is strongly relevant when discussing intentions with regards to Islamic family law. It’s also worth noting the social dimensions of this issue at the time of Ibn Taymiyah which made him write his book, eqamh aledleyl 'ela betlan alethelyel (إقامة الدليل على بطلان التحليل.)As well as his student Ibn Qayyim in his book: e'elam alemweq'eyen ( (إعلام الموقعين where he strongly attacked the use of legal tricks. A relevant issue in this regard, is the opinion of Hanbali school on the issue of alezwaj benyh aletlaq ( الزواج بنية الطلاق:marriage with the prior intention of divorce. While they generally consider the intention in contracts, they – or at least some of them in addition to scholars from other schools approved such contract despite the prior intention of divorce. Lastly, the author has referred to the Bidayat al mujtahid for the maliki school opinion, although this book is highly regarded in maliki school and in Islamic jurisprudence in general, it may not be the best book to cite the maliki school view. As you are aware, each school has a set of books to present the alem'etemd (المعتمد في المذهب) the approved or accepted opinion within the school, so it’s better to cite the maliki from one of these books which are available online. The author has also referred to Al-jaziri’s book: kitab alfigh ala almadhahibal- aeba’a. This book is widely criticized for its mistakes in citing opinions of different schools of jurisprudence. It's criticized to the extent that some of the hardliner called for its burning! It's very rare to find this book in the references of any academic thesis in Arabic Shari’ah department. Moreover,the author referred to AL-Zuhalis book, its far better than Al-jaziri’s book but is also criticized for its mistakes in citing opinions of Maliki and Hanbali Schools.

Review # 2 was written on 2010-11-24 00:00:00 Julian Simmons At first glance, this is the kind of book you find in the Barnes & Noble discount section by the dozens. I picked it up at a used book shop in San Francisco. There was a 50/50 chance I'd ever read it. At first I would glance ever now and then through a section. I was struck by how interesting O'Connell's analysis was and resolved to read the whole book. My expectations were well met. O'Connell's brief analysis of this seemingly endless topic was masterfully concise. And, not only did he approach the subject from a technological level, but a sociological one as well. This efficient account of the evolution of technology and society was just enough to paint a vivid picture of history without getting stuck in the details AND keep the reader hungry for more information. Well done sir.