Rethinking Islamic law: conceptual premises and strategic framework

Haneef, Sayed Sikandar Shah (2009) Rethinking Islamic law: conceptual premises and strategic framework. Shariah Law Reports (4). pp. 51-64. ISSN 1985-4250

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Abstract

Islamic law as articulated by Muslim jurists of the classical time carries a heavy baggage of pre-modem era both at thought and methodological levels. Historical factors conditioning the past jurists' understanding of textual.proofs and their urge to provide legal solutions to day-to-day expediencies of human lives was acknowledged by the legal dictum, yuristic views changes with the changes in time and space'. However, this thesis seems not to have been fully appreciated by mainstream conservative legal scholars who, by and large cling onto traditional methodology of reconstructing Islamic law to offer contemporay solutions. This paper therefore, argues that Muslim scholars have to rethink beyond the traditional way if they are desirous of constructing a modem system of law for contemporary Muslims.

Item Type:	Article (Journal)
Additional Information:	3049/6875
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	26 Jan 2012 14:33
Last Modified:	26 Jan 2012 14:34
URI:	http://irep.iium.edu.my/id/eprint/6875

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