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Paper Information

Journal:   JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW   SPRING 2018 , Volume 5 , Number 1 (15) ; Page(s) 25 To 54.
 
Paper: 

Criticizing The Theory On The Impossibility Of Modern Islamic Law

 
 
Author(s):  Hosseini Beheshti Sayyed Alireza, Moradi Berelian Mahdi*
 
* Faculty of Law, Shahid Beheshti University
 
Abstract: 
From Wael-bin-Hallaq’ s point of view, the modern language construction, epistemology and its associated concepts has led to the breakdown of Islamic law from its historical past and its inclusion in the lexical and epistemological framework built upon an alien and heterogeneous basis. The "legal system" within the framework of the modern state requires a distinction between "the legal" and "the moral" and the stipulation of binding regulation in formal codes. While, Islamic law is based on the integration of the moral and the legal, and the dialectic between them. Additionally, the pluralistic characteristic of Islamic law prevents its inclusion in the framework of legislation. This narration of modern law and Islamic law, while being insightful, has some shortcomings that should not be ignored. The absolute claim of laying the political at the center of modern law and the absence of a distinction between the moral and the legal in Islamic law and its independence from the political, if not incorrect, seems at least controversial.
 
Keyword(s): The Moral,The Legal,The Political,Shari'a,Law
 
 
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APA: Copy

Hosseini Beheshti, S., & MORADI BERELIAN, M. (2018). Criticizing the Theory on the Impossibility of Modern Islamic Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 5(1 (15) ), 25-54. https://www.sid.ir/en/journal/ViewPaper.aspx?id=737236



Vancouver: Copy

Hosseini Beheshti Sayyed Alireza, MORADI BERELIAN MAHDI. Criticizing the Theory on the Impossibility of Modern Islamic Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW. 2018 [cited 2022January24];5(1 (15) ):25-54. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=737236



IEEE: Copy

Hosseini Beheshti, S., MORADI BERELIAN, M., 2018. Criticizing the Theory on the Impossibility of Modern Islamic Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, [online] 5(1 (15) ), pp.25-54. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=737236.



 
 
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