THE ORIGIN AND BASIS OF ISLAMIC JURISPRUDENCE IN THE PERSPECTIVE OF ORIENTALISTS

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PARSA PHOROGH

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2011 | Volume:43 | Issue:2 Page(s): 81-102

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Information Journal Paper

Title

THE ORIGIN AND BASIS OF ISLAMIC JURISPRUDENCE IN THE PERSPECTIVE OF ORIENTALISTS

Author(s)

PARSA PHOROGH | Issue Writer Certificate

Keywords

ISLAMIC JURISPRUDENCEQ1

HISTORY OF JURISPRUDENCEQ2

THE ORIGIN OF ISLAMIC JURISPRUDENCEQ3

ORIENTALISTSQ3

ROMAN LAWQ3

JEWISH LAWQ3

Abstract

ISLAMIC JURISPRUDENCE is one of the most important issues in the field of Islamic studies. ISLAMIC JURISPRUDENCE has been studied by numerous Western scholars. Some of them assumed that Islamic system of law adopted Jewish or Roman system of law and in many cases based on them.The origin of ISLAMIC JURISPRUDENCE is also one of the controversial issues in this respect. Some western scholars, in accordance with Muslim scholar’s view, believe that ISLAMIC JURISPRUDENCE is derived from Quran and Sunna (saying and deed of the prophet) and others claim that ISLAMIC JURISPRUDENCE initially is infused by companion’s opinion and later jurists who were influenced by non-Muslim cultures. It is shown some examples of simulation between Islamic law and Jewish or ROMAN LAW. Muslim scholars assert that all divine religions guide humans and therefore they have the same principles and same ritual and civil maxims. On the other hand, they also have shown some differences between Islamic injunctions and Jewish or Roman system of law. In some cases such as the dictum of the prophet; ”Al-walad li-l-firash wa –li-l’ahir al-hajar ”, Muslim scholars have shown the currency of this maxim in pre-Islamic Arab traditions. It means that it is based on pre-Islamic practice not upon Jewish or ROMAN LAWs.

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References

ABDURRAZZAQ SANANI'S MUSANNAF :A SOURCE FOR RELIABLE HADITH OF THE FIRST CENTURY

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APA: Copy

PARSA, PHOROGH. (2011). THE ORIGIN AND BASIS OF ISLAMIC JURISPRUDENCE IN THE PERSPECTIVE OF ORIENTALISTS. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 43(2), 81-102. SID. https://sid.ir/paper/198420/en

Vancouver: Copy

PARSA PHOROGH. THE ORIGIN AND BASIS OF ISLAMIC JURISPRUDENCE IN THE PERSPECTIVE OF ORIENTALISTS. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2011;43(2):81-102. Available from: https://sid.ir/paper/198420/en

IEEE: Copy

PHOROGH PARSA, “THE ORIGIN AND BASIS OF ISLAMIC JURISPRUDENCE IN THE PERSPECTIVE OF ORIENTALISTS,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 43, no. 2, pp. 81–102, 2011, [Online]. Available: https://sid.ir/paper/198420/en

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