THE STUDY OF SOCIAL BASES OF LEGAL NORMS OF SHARIA

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ABDALI M.

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Journal: MODARRES HUMAN SCIENCES Year:2007 | Volume:11 | Issue:2 (TOME 51) Page(s): 1-23

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Title

THE STUDY OF SOCIAL BASES OF LEGAL NORMS OF SHARIA

Author(s)

ABDALI M.

Keywords

SOCIAL NORMSQ2

LEGAL NORMSQ3

SHARI'AQ2

PHILOSOPHY FIGHQ3

Abstract

The word "Sharia" which in the Islamic legal studies' is translated as "Islamic law", is not adequate to define Islamic law, because Sharia covers a wider range of meanings than law usually does. Thus modern muslim jurists often define Sharia as revealed or divine law in order to distinguish it from "Fiqh". The mentioned conception of Sharia has problematized the binding nature of law in Islam, because it conceals its material bases in SOCIAL NORMS. Therefore, it is a necessary task to Muslim jurists to make an effort to keep Islamic law acceptable by bringing the LEGAL NORMS close to SOCIAL NORMS. Thus: 1- Islamic law needs a basic reform in its legal horizon. Therefore, Islamic jurists should redefine the normative bases of Islamic law so that they can make the SOCIAL NORMS close to law.2- The historical review of Islamic law is one of the important points that teach us that Islamic law in the past had a more closer connection to SOCIAL NORMS and therefore, this point should be attended that SOCIAL NORMS are changeable, thus Islamic law should be in correspondent with this changeable nature.

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References

اهداف دین، احکام آن

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APA: Copy

ABDALI, M.. (2007). THE STUDY OF SOCIAL BASES OF LEGAL NORMS OF SHARIA. MODARRES HUMAN SCIENCES, 11(2 (TOME 51)), 1-23. SID. https://sid.ir/paper/6810/en

Vancouver: Copy

ABDALI M.. THE STUDY OF SOCIAL BASES OF LEGAL NORMS OF SHARIA. MODARRES HUMAN SCIENCES[Internet]. 2007;11(2 (TOME 51)):1-23. Available from: https://sid.ir/paper/6810/en

IEEE: Copy

M. ABDALI, “THE STUDY OF SOCIAL BASES OF LEGAL NORMS OF SHARIA,” MODARRES HUMAN SCIENCES, vol. 11, no. 2 (TOME 51), pp. 1–23, 2007, [Online]. Available: https://sid.ir/paper/6810/en

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