Monday, July 03, 2006

Khallaf on inference of legal rulings from Texts - from an earlier Journal of Law and Economics

I picked up an old article from my grandfather's library last night, and plan to post its translation in several blog postings over the next few days, iA.

The article is by the brilliant late Azhari scholar Abdul-Wahhab Khallaf, published in Arabic in مجلة القانون و الإقتصاد (Journal of Law and Economics), which was a publication of the Professors of Faculty of Law (didn't mention which University, probably Fouad I, which later became University of Cairo). Professor Khallaf's affiliation is listed as "Professor of Islamic Sharia; Faculty of Law".

The article was published in volume 10, issues 1 and 2, January 1940 (note: they had a "journal of law and economics since 1930! University of Chicago should feel jealous :-). Its title is "القواعد الأصولية اللغوية في فهم الأحكام من نصوصها" ("Linguistic-based legal-theoretic rules for inferring legal rulings from [Canonical or Civil Code] Texts").

I found many of the rules that he listed in the paper very thought-provoking, especially, for example, the rules relating to general (mujmal) Texts, such as the Qur'anic verses relating to riba.

The article is not very long, so I plan to post a full translation, iA, as soon as I have access to a real keyboard.


Post a Comment

<< Home