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6 - The Persistence of Natural Law in Islamic Jurisprudence

from Part II - The Construction of Norms in Islamic Jurisprudence

Published online by Cambridge University Press:  25 January 2019

Omar Farahat
Affiliation:
McGill University, Montréal
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Summary

The sixth and final chapter demonstrates that some naturalistic considerations persisted even at the level of revelation-centric legal theory. By continuing the analysis of the treatment of divine commands in uṣūl al-fiqh, the chapter shows that concerns relating to the feasibility and reasonableness of legal obligations were weaved into the theories on how to deal with divine statements in the imperative form. The outcome is a general framework that centrally relies on divine revelation as indispensable for the formation of legal obligations, yet concedes the need to accommodate certain natural imperatives that are intrinsic to human action and social organization.
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Publisher: Cambridge University Press
Print publication year: 2019

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