APPROPRIATING THE PAST: TWENTIETH-CENTURY RECONSTRUCTION OF PRE-MODERN ISLAMIC THOUGHT
Abstract This essay examines the writings of the famous twentieth-century salafī, Rashīd Ridā, in which he discussed and reconstructed the views of Shawkānī, one of the leading thinkers of the late eighteenth- and early nineteenth-centuries, on the subject of legal analogy (qiyās). Shawkānī had oppo...
Auteur principal: | |
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Type de support: | Électronique Article |
Langue: | Anglais |
Vérifier la disponibilité: | HBZ Gateway |
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Publié: |
Brill
2000
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Dans: |
Islamic law and society
Année: 2000, Volume: 7, Numéro: 3, Pages: 325-358 |
Accès en ligne: |
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Résumé: | Abstract This essay examines the writings of the famous twentieth-century salafī, Rashīd Ridā, in which he discussed and reconstructed the views of Shawkānī, one of the leading thinkers of the late eighteenth- and early nineteenth-centuries, on the subject of legal analogy (qiyās). Shawkānī had opposed the introduction of new laws through qiyās on the grounds that it arrogates to humans a right to legislate which is reserved to God. Ridā, however, mistakenly implied that Shawkānī had advocated a separation between 'ibādāt and mu'āmalāt, allowing the use of qiyās in the latter case. I argue that Ridā's reconstruction of Shawkānī was driven by his desire to find Islamic models that corresponded to the European institutions of the nation state: in an age in which the powers of the nation state were increasing dramatically, a jurisdiction that covered "all aspects of life" would have seemed more appropriate to Ridā than a legal code which does not purport to exhaust all aspects of this life. |
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ISSN: | 1568-5195 |
Contient: | Enthalten in: Islamic law and society
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Persistent identifiers: | DOI: 10.1163/156851900507670 |