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The shariah and law : An analysis

Muhammed, Muneer Kuttiyani and Ali, Mohd Mumtaz (2017) The shariah and law : An analysis. International Journal of Law, Government and Communication, 2 (5). pp. 48-64. E-ISSN 0128-1763

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Abstract

Although the scholarly discussions on Shariah has significantly been increased recently, many of these deliberations leave a distorted image of the Shariah. This paper attempts to explore scope and role of the Shariah by analyzing its etymology and historical conceptions in the light of the Qur’anic statements [5:48, 45:18 and 5:48]. It will also investigate the various intellectual reflections of scholars and exegesis. Contrary to the general perception of the Shariah merely as ‘Islamic law, this paper makes a comparative analysis between the Shariah and law by highlighting the distinctive features of the Shariah. As a part of this analysis, some major higher universal principles of the Shariah which seem more significant to the multi-religious society will also be discussed in this paper. An approach of combining the conceptual and comparative analysis along with philosophical reflections and inter-textual reading of the various scholars have been employed in this research. The study presents the Shariah as a significant alternative dynamic system of life which seem more relevant in the multi-religious and multi-cultural societies.

Item Type: Article (Journal)
Additional Information: 540/59977
Uncontrolled Keywords: The Shariah, Law, Universal Principles, Higher Objectives, Multi-religious Society.
Subjects: B Philosophy. Psychology. Religion > BL Religion
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User: Prof. Dr. Muhammad Mumtaz Ali
Date Deposited: 12 Dec 2017 23:18
Last Modified: 12 Jan 2018 15:43
URI: http://irep.iium.edu.my/id/eprint/59977

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