2023· The Encyclopedia of Comparative Jurisprudence and Law· Vol 1, pp. 32-50· 0 citations
Abstract
Epistemological transformations in the modern era—particularly in the field of human rights—have revived the question of the relationship between ethics and religion in the process of understanding and deducing legal rulings. Ijtihad, as the dynamic mechanism of Islamic jurisprudence, has always required guiding principles to regulate interpretation and ensure compatibility with the exigencies of time. Within this framework, ethics can serve as a mediating factor between the divine text (nass) and the human interpreter. This article, employing an analytical–descriptive approach and drawing upon jurisprudential, legal-theoretical (usuli), and exegetical sources, examines the influence of ethical components on ijtihad and the interpretation of religious texts in light of human rights values. The findings reveal that ethics is not merely ornamental in the process of deduction; rather, it is a necessary condition for forming a more human-centered understanding of religion. Principles such as justice, human dignity, and the prohibition of harm (la darar)—as shared foundations between Islamic ethics and human rights—can play an effective role in reforming the method of ijtihad and preventing violence-oriented readings of religious texts. The results emphasize that by integrating moral rationality into the process of interpretation and deduction, it is possible to achieve a humane, dynamic, and dignity-oriented form of ijtihad—one that emerges from within the Islamic tradition while simultaneously converging with universal human values.
This article addresses the fundamental question of how stability and transformation can be reconciled within the Islamic legal system and how a limited body of legal rulings can respond to emerging events. To answer this question, the foundations of transformation and the universality of Islamic law must be properly un...
Soraya Hosseinzadeh, Mohammad Ali Kheyrollahi, Rahman Valizadeh· The Encyclopedia of Comparat...· 0 citations
In this article, I examine juristic discourses from the fifth/eleventh through tenth/sixteenth centuries on the hypothetical case of a starving person taking another’s food or property across four Sunni schools of law. Examination of these juristic discourses provides insight into an active, creative debate about the...
This study aims to provide a critical comparative analysis of the concept of justice in political terminology between Islam and the West, as it is not merely a passing lexical overlap, but rather reflects a radical epistemological divergence regarding foundational references and practical outcomes. The paper highlights...
Mohd Jarjis, Dr. Baidar Mohammed Mohammed Hasan· International Journal of Isl...· 0 citations
Aim.
The aim of this article is to provide a comprehensive analysis of Islam’s potential for tolerant coexistence through the lenses of theology, law, and historical practice.
Methodology.
The research is based on a hermeneutical analysis of key texts, such as the Quran and Sunnah, as well as the works of classica...
A. S. Albakov· Russian Social and Humanitar...· 0 citations
This paper analyzes the transition from modern to postmodern individualism, focusing on the profound crisis of philosophical, ethical, and political reflection that accompanies this historical transition. Through an extensive and deconstructive analysis of critical modernist authors and moral philosophers, the paper ex...
Risvan Tershalla, Juljana Laze· Academic Journal of Interdis...· 0 citations
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