REFORMATION IN ISLAMIC LAW; CAN SHARIA DISENTANGLE FROM FIQH?
Öz
ABSTRACT
After modernisation, numerous new phenomena played a significant role
for all of humankind. These phenomena paved the way for novel dilemmas for all
people, especially Muslims. These new systems were created by Western civilisation
and imposed on other civilisations, and Muslims confront the dilemma of how they
can lead a Muslim life under the pressures of modern notions such as the nationstate
and devices -like technology. In that context, they need to identify the
relationship between religious faith and modern ways of life. This identification,
generally, has been discussed in the respect of reformation. This article will discuss
the reformation of Islamic law in terms of Sharia and fiqh, and will further cover the
similarities and differences between these terms. At the same time, it will attempt to
answer the question of whether fiqhis able to disentangle from Sharia and whether
or not, in order to reform Islamic law, this is necessary in various circumstances.
Anahtar Kelimeler
Kaynakça
- 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
Ayrıntılar
Birincil Dil
Türkçe
Konular
Hukuk
Bölüm
Araştırma Makalesi
Yazarlar
Yayımlanma Tarihi
1 Eylül 2017
Gönderilme Tarihi
9 Eylül 2016
Kabul Tarihi
-
Yayımlandığı Sayı
Yıl 2016 Cilt: 6 Sayı: 1-2