Volume 11, Issue 2 (2007)
CLR 2007, 11(2): 1-24 |
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Abdali M. The Study of Social Bases of Legal Norms of Sharia. CLR 2007; 11 (2) :1-24
URL: http://clr.modares.ac.ir/article-20-9193-en.html
URL: http://clr.modares.ac.ir/article-20-9193-en.html
, Department of Law, Imam Khomeini International University, Tehran, Iran
Abstract: (6826 Views)
Abstract
The word "Sharia" which in the Islamic legal studies is translated as "Islamic law", is not adequate to define Islamic law, because Sharia covers a wider range of meanings than law usually does. Thus modern muslim jurists often define Sharia as reveald or divine law in order to distinguish it from "Fiqh". The mentioned conception of Sharia has problematized the binding nature of law in Islam, because it conceals its material bases in social norms. Therefore, it is a necessary task to Muslim jurists to make an effort to keep Islamic law acceptable by bringing the legal norms close to social norms. Thus:
1- Islamic law needs a basic reform in its legal horizon. Therefore, Islamic jurists should redefine the normative bases of Islamic law so that thay can make the social norms close to law.
2- The historical review of Islamic law is one of the important points that teaches us that Islamic law in the past had a more closer connection to social norms and there fore, this point should be attended that social norms are changeable, thus Islamic law should be in correspondent with this changeable nature.
Keywords: Social norms, Legal norms, Shari`a, Philosophy Figh.
Received: 2005/12/11 | Accepted: 2006/05/16 | Published: 2007/06/22
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