Moral Rationalism and Shari'a

Bhojani, Ali-Reza

doi:10.4324/9781315755564

Cited by 4 publications

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“…Thus, in reality, reason ( ‘aql ) is as irrelevant in the inference of shari’a laws in Shi’ism as it is in the other schools of law. Bhojani (2015: 1–2) complains that reason is not utilized enough in Shi’i jurisprudence despite the jurists’ claim to the contrary.…”

Section: Legislating On Laws and The Principle Of A Lacuna (Mintaqa Al-faragh)mentioning

confidence: 99%

Custom as a Legal Principle of Legislation for Shi’i Law

Takim

2018

Studies in Religion/Sciences Religieuses

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This paper will argue that the principle of a lacuna in Shi’i law can empower jurists to go beyond the traditional parameters of the shari’a. The principle allows for an expansion of Islamic law since jurists can legislate laws that have not been explicitly prohibited by textual sources. I will demonstrate that, in the past, Shi’i jurists often appealed to local customary practices in legislating laws that were absent in revelatory sources. This juridical practice is premised on the view that all reasonable beings accept and behave according to common norms and values. I will argue also that, based on the principle of the custom of reasonable people, jurists can deploy American social norms and customs as a source of new legislation. Such considerations can lead to a radically different formulation of diasporic jurisprudence.

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Section: Legislating On Laws and The Principle Of A Lacuna (Mintaqa Al-faragh)mentioning

confidence: 99%

Custom as a Legal Principle of Legislation for Shi’i Law

Takim

2018

Studies in Religion/Sciences Religieuses

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State–Society Relations

Siavoshi¹

2017

Montazeri

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The eastern legal thought within Russian general theoretical jurisprudence

Kuznecov

2022

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia

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The article raises the problem of Orientalism, which manifests itself in the difference between the axiological and epistemological approaches to Western and Eastern intellectual heritage in Russian jurisprudence. The purpose of the study is to determine the degree of legitimacy of the Orientalist approach and to outline the methodological basis that will make it possible to realize the need of the domestic theory of law in a dialogue with the legal thought of the East. The goal is achieved by answering questions about the possibility, expediency and boundaries of an equal dialogue with the political and legal thought of the East within the framework of the general theory of law. To prove the possibility of dialogue, episodic examples of the dialogic approach in domestic jurisprudence are identified and four types of goals are identified for which scientists enter into a dialogue with the legal heritage of the East: problem setting, criticism, rehabilitation of Eastern thought, substantiation of theoretical provisions. To prove the expediency and necessity of a dialogue with Eastern thought, the principles of scientific knowledge, methodological problems of modern theory of law, examples of the influence of the Eastern intellectual heritage on the philosophical and legal thought of the West are pointed out. Separately, the application of the principle of multiculturalism is critically examined, with the help of examples, attention is drawn to the richness and relevance of the political and legal heritage of the East, factors that can hinder dialogue are analyzed, and ways to overcome them are proposed. As the boundaries of the dialogue, its goal is formulated, the need to avoid eclectic synthesis and uncritical borrowings and the application of the principle of conceptual Eurocentrism is noted. The author uses materials and developments obtained in the framework of jurisprudence, historical and philosophical research.

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Moral Rationalism and Shari'a

Cited by 4 publications

References 0 publications

Custom as a Legal Principle of Legislation for Shi’i Law

Custom as a Legal Principle of Legislation for Shi’i Law

State–Society Relations

The eastern legal thought within Russian general theoretical jurisprudence

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