TY  - JOUR
TT  - REFORMATION IN ISLAMIC LAW; CAN SHARIA DISENTANGLE FROM FIQH?
AU  - Mutlu, İsmail
PY  - 2017
DA  - September
JF  - Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi
JO  - SDLR
PB  - Süleyman Demirel University
WT  - DergiPark
SN  - 2146-7129
SP  - 35
EP  - 51
VL  - 6
IS  - 1-2
KW  - Shariah
KW  - Fiqh
N2  - ABSTRACTAfter modernisation, numerous new phenomena played a significant rolefor all of humankind. These phenomena paved the way for novel dilemmas for allpeople, especially Muslims. These new systems were created by Western civilisationand imposed on other civilisations, and Muslims confront the dilemma of how theycan lead a Muslim life under the pressures of modern notions such as the nationstateand devices -like technology. In that context, they need to identify therelationship between religious faith and modern ways of life. This identification,generally, has been discussed in the respect of reformation. This article will discussthe reformation of Islamic law in terms of Sharia and fiqh, and will further cover thesimilarities and differences between these terms. At the same time, it will attempt toanswer the question of whether fiqhis able to disentangle from Sharia and whetheror not, in order to reform Islamic law, this is necessary in various circumstances.
CR  - BIBLIOGRAPHY
AN-NA’IM AA, 'Globalization and Jurisprudence: An Islamic Law
Perspective' (2005) 54 Emory Law Journal 25–51
Islam and the secular state: Negotiating the future of Shariʻa (Harvard
University Press 2008)
BASSIOUNI MC and Badr GM, 'The Shari’ah: Sources, Interpretation and
Rule-Making' (2002) 135(181) 1 UCLA J. Islamic & Near Eastern L.
COULSON NJ, A History of Islamic Law (Edinburgh University Press 1978)
HADDAD YY and STOWASSER BF (eds), Islamic law and the challenges of
modernity (AltaMira Press 2004)
HALLAQ WB, 'What is Sharia?' (2007) 12 Yearbook of Islamic and Middle
Eastern Law 151–80
An introduction to Islamic law (3rd edn, Cambridge University Press 2009)
SCHACHT J, An introduction to Islamic law (Oxford University Press 1964)
ZUBAIDA S, Law and power in the Islamic world
UR  - https://dergipark.org.tr/en/pub/sduhfd/issue//369359
L1  - https://dergipark.org.tr/en/download/article-file/388218
ER  -