Doubt in Islamic law : a history of legal Maxims, interpretation, and Islamic criminal law - Rabb, Intisar A. (New York : Cambridge University Press, 2015)
Introduction. pt. I. Islamic Institutional Structures and Doubt, First/Seventh-Tenth/Sixteenth Centuries. 1. The God of severity and lenity -- 2. The rise of doubt. pt. II. Morality and Social Context, First/Seventh-Fifth/Eleventh Centuries. 3. Hierarchy and Hudud laws --4. Doubt as moral concern. pt. III. The Jurisprudence of Doubt, Second/Eighth-Tenth/Sixteenth Centuries. 5. Early doubt : Doubt as an element of Islamic criminal law --6. Sunni Doubt : Substantive, procedural, and interpretive doubt. pt. IV. Interpretive Authority, Second/Eighth-Tenth/Sixteenth Centuries. 7. Against Doubt : Strict textualism in opposition to doubt --8. Shiʻi Doubt : Dueling theories of delegation and interpretation. Conclusion : doubt in comparative and contemporary context.
'This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law.
Bibliography : page 359-403
Keywords: Criminal law (Islamic law) -- Interpretation and construction; Belief and doubt; Legal certainty