LEGISLATION IN ISLAM: METHODOLOGICAL AND CONCEPTUAL FOUNDATIONS

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ROUHANI H.

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Journal: INTERNATIONAL JOURNAL OF HUMANITIES (THE JOURNAL OF HUMANITIES) Year:2002 | Volume:9 | Issue:3 Page(s): 27-46

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Title

LEGISLATION IN ISLAM: METHODOLOGICAL AND CONCEPTUAL FOUNDATIONS

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ROUHANI H. | Issue Writer Certificate

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Abstract

The foundations of Islamic legislation has continuously progressed in an evolutionary fashion. Contrary to the Western experience during the renaissance where legislation based on revelation was differentiated from legislation founded on individual views and interests, these two contrasting sources of legislation progressed in parallel and complementary to one another. The structure of Islamic law is divisible into two parts. First, The Holy Qoran and the Traditions of the Prophet that are collectively considered as the primary sources of legislation in Islam. Second, legislation based on arising discussions and theories of contemporary nature. A second source of legislation in Islam refers to consensus, deduction (according to Sunni interpretation and rationality according to Shia interpretation). A reliable reference to these sources of legislation is also inferred from the first primary source. As a result, the ultimate source of legislation in Islam is The Qoran and the Tradition of the Prophet of Islam. What truly legitimates teh methodological and conceptual foundations legislation in Islam is a vivid and direct inference from The Qoran and the Tradition of Prophet. After teh passing away of the Prophet of Islam (pbuh), the relationship between Islamic law and issues requiring legislation based on qualified interpretations and jurisprudence advanced and progressed on the basis of The Qoran and the Tradition as issues arose. As developments intensified, two other sources of legislation gradually gained validity. First, interpretations and religious decrees of Islamic scholars. Second, consultative bodies and views expressed on specializations. These two new sources provided dynamism and diversity to Islamic legislation. In this respect, Islamic scholars for the most part deal with issues such as marriage, divorce, ownership and other Islamic contracts. In contrast, consultative bodies based on specialized vviews and public desires in the context of overall Islamic laws deal with complex issues such as environment, pricing and educational system.

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APA: Copy

ROUHANI, H.. (2002). LEGISLATION IN ISLAM: METHODOLOGICAL AND CONCEPTUAL FOUNDATIONS. INTERNATIONAL JOURNAL OF HUMANITIES (THE JOURNAL OF HUMANITIES), 9(3), 27-46. SID. https://sid.ir/paper/78252/en

Vancouver: Copy

ROUHANI H.. LEGISLATION IN ISLAM: METHODOLOGICAL AND CONCEPTUAL FOUNDATIONS. INTERNATIONAL JOURNAL OF HUMANITIES (THE JOURNAL OF HUMANITIES)[Internet]. 2002;9(3):27-46. Available from: https://sid.ir/paper/78252/en

IEEE: Copy

H. ROUHANI, “LEGISLATION IN ISLAM: METHODOLOGICAL AND CONCEPTUAL FOUNDATIONS,” INTERNATIONAL JOURNAL OF HUMANITIES (THE JOURNAL OF HUMANITIES), vol. 9, no. 3, pp. 27–46, 2002, [Online]. Available: https://sid.ir/paper/78252/en

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