Reason-giving and the duty to obey: perspectives from classical islamic jurisprudence

No. Panggil :	eja-21-0651
Nama Orang :	Farahat, Omar






Penerbitan :	[Place of publication not identified] : Cambridge - Crime, 2021

Info Lainnya

Abstrak	The duty to obey juristic injunctions in Islamic law is often assumed to follow a simple model: God commands, the jurists discover the meaning of those commands, and the faithful follow the jurists interpretation. By examining the arguments advanced by some prominent classical Islamic jurisprudes in support of the claims for law s normativity, I show that the jurists saw themselves as representatives of their communities in the quest to formulate opinions about actions in a way that is faithful to revelation. This model can be summarized as follows: (1) the jurists, by virtue of their knowledge, inform individuals of how to act according to revela tion; (2) the pronouncement of a jurist who is knowledgeable and fair may be followed without revisiting their justifications; (3) everyone has a duty to act according to revelation and to rebuke those who do not. A reasonable individual should be motivated to follow juristic pro nouncements when all these conditions are present. My main claim is that the basic model wherein God is an authoritative commander and the jurists are informants is unsatisfactory. The jurists saw themselves as more than mere discoverers and informers. This Islamic model has unique features when it comes to understanding authority in general. The uniform commit ment to a formal moral source, coupled with the contingent nature of the robust reasons given by the system, make the Islamic model distinct from some modern accounts. The Islamic model offers a view of legal authority that is specific to a cohesive community that shares a basic moral commitment. This model fits the classical need for a theory of authority that is both persuasive and authoritative.
Entri Tambahan Nama Orang
001 Hak Akses (open/membership)	membership
Kata Kunci	Duty to obey, Islamic legal theory, reason-giving, authority, normativity
ISSN
Tahun Terbit	2021
No. Induk	eja-21-0651
Entri Sumber Data	Cambridge - Crime
Entri Utama Nama orang	Farahat, Omar
Volume, Nomor, Tahun dan Hlm.	vol. 36, no. 1, p. 5-28
Entri Utama Nama Badan
Barcode	eja-21-0651
Subjek Topik
Judul Utama	Reason-giving and the duty to obey: perspectives from classical islamic jurisprudence
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional