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Title

GENERALITIES ON THE HISTORY OF FIQH (JURISPRUDENCE)

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Abstract

 This article begins with an analysis of the effect of religious practices and traditions on the canon laws enforced among nations in the past. Then, Montesquieu"s opinions regarding separation of religious law from civil law are mentioned. Ideas regarding separation of RELIGION from the state and the idea of possibility of RELIGION/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank"> DIFFERENT READINGS OF RELIGION are also put forward. Next, the role of RELIGION in constituting laws of ancient peoples is dealt with. Quoting Will Durant, the writer discusses the idea of attribution of human law to spiritual and supernatural sources. Then, the role of ancient people"s laws in constituting the laws of Judaism, Christianity and Islam is dealt with. The writer maintains that divine laws are established according to needs, both time-wise and place-wise. This is certain as regards Islam. As for the Torah (Pentateuch), the laws it contains may have been based on the ones used and were in force among the tribes then and there, because the Pentateuch was most probably written down in Babylon when the Jews were enslaved, or in Palestine shortly afterward. Dealing with the relation of law to ETHICS, the writer analyzes the bases of ETHICS and law from the viewpoint of Western scholars like Kant and other contemporary figures.

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    APA: Copy

    VAEZZADEH KHORASANI, M.. (2001). GENERALITIES ON THE HISTORY OF FIQH (JURISPRUDENCE). JOURNAL OF ISLAMIC STUDIES, -(51-52), 0-0. SID. https://sid.ir/paper/527695/en

    Vancouver: Copy

    VAEZZADEH KHORASANI M.. GENERALITIES ON THE HISTORY OF FIQH (JURISPRUDENCE). JOURNAL OF ISLAMIC STUDIES[Internet]. 2001;-(51-52):0-0. Available from: https://sid.ir/paper/527695/en

    IEEE: Copy

    M. VAEZZADEH KHORASANI, “GENERALITIES ON THE HISTORY OF FIQH (JURISPRUDENCE),” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 51-52, pp. 0–0, 2001, [Online]. Available: https://sid.ir/paper/527695/en

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