The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies as an Institutional Framework

被引:1
|
作者
Makhlouf, Ahmed Gad [1 ]
机构
[1] Univ Vienna, Dept Islamic Theol Studies, Vienna, Austria
关键词
IJTIHAD;
D O I
10.1093/ojlr/rwac005
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The rise of modernity, with its tremendous changes and challenges, has had an impact on Islamic law. Among the most recent developments there is-at an institutional and doctrinal level-the emergence of fiqh bodies dealing with contemporary issues based on a collective decision-making process. In contrast to this modern approach of law making, the emphasis on individual legal decision-making was common in the pre-modern era. These fiqh academies have contributed to the substantive development of present Islamic law due to its immense output (qararat or resolutions). This essay aims to represent the research methodology and legal performance of fiqh academies as a contemporary framework for the formation of Islamic law and their role in the development of legal doctrine. Thereupon, this article intends, on the one hand, to contribute to the study of the developments of present Islamic law; on the other, it examines the relationship of the legal norms developed by contemporary fiqh academies and traditional schools of law and their methodology of law making.
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页码:464 / 486
页数:23
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