The Legal Status Of Science In The Muslim World In The Early Modern Period: An Initial Consideration Of Fatwās From Three Maghribī Sources

Stearns, Justin

doi:10.1163/ej.9789004194359.i-386.68

The Islamic Scholarly Tradition 2011

DOI: 10.1163/ej.9789004194359.i-386.68

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The Legal Status Of Science In The Muslim World In The Early Modern Period: An Initial Consideration Of Fatwās From Three Maghribī Sources

Justin Stearns¹

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Cited by 3 publications

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References 25 publications

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“…It is important to note that jurists and juridical councils at times did (and do) object to the claims of medical experts (see Stearns ).…”

mentioning

confidence: 99%

When Must a Patient Seek Healthcare? Bringing the Perspectives of Islamic Jurists and Clinicians Into Dialogue

Qureshi¹,

Padela²

2016

Zygon

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Muslim physicians and Islamic jurists analyze the moral dimensions of biomedicine using different tools and processes. While the deliberations of these two classes of experts involve judgments about the deliverables of the other's respective fields, Islamic jurists and Muslim physicians rarely engage in discussions about the constructs and epistemic frameworks that motivate their analyses. The lack of dialogue creates gaps in knowledge and leads to imprecise guidance. In order to address these discursive and conceptual gaps we describe the sources of knowledge and reasoning employed by Islamic jurists and clinicians to resolve the question of when a patient must seek healthcare. As we examine both the scriptural evidence and legal reasoning of jurists and the types of medical evidence used by clinicians to address the same question, we draw attention to the epistemic frameworks and constructs at play and identify how constructs from one field may sharpen the deliberative exercises of the other. Hence our work advances discourses at the intersection of Islam and medicine and offers building blocks for a comprehensive Islamic framework that fully integrates the deliverables of medical science within the deliberations of Islamic jurists.

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“…It is important to note that jurists and juridical councils at times did (and do) object to the claims of medical experts (see Stearns ).…”

mentioning

confidence: 99%

When Must a Patient Seek Healthcare? Bringing the Perspectives of Islamic Jurists and Clinicians Into Dialogue

Qureshi¹,

Padela²

2016

Zygon

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Writing the History of the Natural Sciences in the Pre‐modern Muslim World: Historiography, Religion, and the Importance of the Early Modern Period

Stearns¹

2011

History Compass

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In recent years, the subject of science in the Muslim World in the pre‐modern period has largely been discussed in the context of two master narratives: (1) how and to what extent did Muslim scholarship influence European intellectual history, and (2) the nature of the decline of science and intellectual life in general in the Muslim world during the Late Medieval and Early Modern periods. This essay moves beyond these two narratives by first summarizing the history of European studies of science in the Muslim world. It then draws upon recent developments in Europeanist history of science and outstanding work by historians of Islamicate science to stress the importance of avoiding Whiggish readings of the history of the natural sciences in the Muslim world as well as the necessity for situating the same sciences in relation to developments in theology, jurisprudence, philosophy, and mysticism.

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Correspondence, Constructivism, and Representation

Quadri¹

2019

Comparative Studies of South Asia, Africa and the Middle East

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Taking the complexity and diversity of Islamic law (fiqh) as a point of departure, this article examines a series of positions advanced by Muslim jurists on the relationship between law and astronomy. Focusing primarily on the question of the appropriateness of relying on astronomical calculations to determine the months of the hijri calendar, it considers three epistemological stances modeled by these positions: correspondence, constructivism, and representation. Taken together, these interventions constitute a minoritarian strain within the fiqh literature that exploited the practices, structures, and methods of reasoning of the Hanafi and Shafi‘i legal schools (madhhabs) to argue in favor of the employment of astronomical calculations for ritual purposes. Though these were anomalous positions at variance from the dominant evidentiary regime that privileged perception over calculation, the view from the margins they afford provide a helpful window onto the nature of legal reasoning in Sunni Islam, revealing the importance of not only proximate social triggers to change, but also the relevance of more enduring features of madhhab reasoning—the school's role as a historical repository of jurists' opinions, the propensity to recruit the authority and argumentation of preceding departures, and the expectation to proceed with the majority regime in mind.

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The Legal Status Of Science In The Muslim World In The Early Modern Period: An Initial Consideration Of Fatwās From Three Maghribī Sources

Cited by 3 publications

References 25 publications

When Must a Patient Seek Healthcare? Bringing the Perspectives of Islamic Jurists and Clinicians Into Dialogue

When Must a Patient Seek Healthcare? Bringing the Perspectives of Islamic Jurists and Clinicians Into Dialogue

Writing the History of the Natural Sciences in the Pre‐modern Muslim World: Historiography, Religion, and the Importance of the Early Modern Period

Correspondence, Constructivism, and Representation

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