Origins of and Influences on Islamic law

2015 ◽  
pp. 384-402
Author(s):  
Benjamin Jokisch
Keyword(s):  
Early Development ◽  
Islamic Law ◽  
Legal Institutions ◽  
Legal Systems ◽  
Law Schools ◽  
General Conception ◽  
Substantive Law ◽  
The Relationship

This article examines the origins and evolution of Islamic law as well as its influences. In particular, it considers four major issues of Islamic law discussed by the shari‘a experts, namely: the general conception of Islamic law; the role of pre-Islamic tribal law; Islamic substantive law and the question of interaction with non-Islamic legal systems; and the early development of Islamic legal institutions such as judgeship, market inspection, law schools, and colleges. It also discusses the relationship between state and law and the factors that contributed to the institutionalization of the Islamic judiciary. Finally, it traces the origins and evolution of Islamic law according to the approaches of the traditionalists and skeptics, along with the most important objections to each approach.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Physiotherapy and Human Relations

2016 ◽  
pp. 67-74
Author(s):  
Donald W. Winnicott
Keyword(s):  
Early Development ◽  
Emotional Development ◽  
The Body ◽  
Human Relations ◽  
Somatic Disorder ◽  
Somatic Disorders ◽  
The Subject ◽  
The Relationship

In this paper on psycho-somatic disorders, Winnicott begins by acknowledging the vastness of the subject. Psycho-somatic disorder merges into the universal problem of the healthy interaction between the psyche and the soma—that is, between the personality of an individual and the body in which the person lives. The relationship between body and mind, role of early development and stages of emotional development are also discussed.

On the role of morphological richness in the early development of noun and verb inflection

2011 ◽  
Vol 31 (4) ◽  
pp. 461-479 ◽  
Author(s):  
Aris Xanthos ◽  
Sabine Laaha ◽  
Steven Gillis ◽  
Ursula Stephany ◽  
Ayhan Aksu-Koç ◽  
...  
Keyword(s):  
Early Development ◽  
Spontaneous Speech ◽  
Morphological Development ◽  
Verb Inflection ◽  
Speech Corpora ◽  
Mean Size ◽  
Early Acquisition ◽  
Child Speech ◽  
The Relationship

This study proposes a new methodology for determining the relationship between child-directed speech and child speech in early acquisition. It illustrates the use of this methodology in investigating the relationship between the morphological richness of child-directed speech and the speed of morphological development in child speech. Both variables are defined in terms of mean size of paradigm (MSP) and estimated in a set of longitudinal spontaneous speech corpora of nine children and their caretakers. The children are aged 1;3–3;0, acquiring nine different languages that vary in terms of morphological richness. The main result is that the degree of morphological richness in child-directed speech is positively related to the speed of development of noun and verb paradigms in child speech.

scholarly journals Mean length of utterance and the acquisition of Irish

1991 ◽  
Vol 18 (3) ◽  
pp. 553-569 ◽  
Author(s):  
Tina Hickey
Keyword(s):  
Language Development ◽  
Early Development ◽  
Word Count ◽  
Utterance Length ◽  
Grammatical Complexity ◽  
Mean Length Of Utterance ◽  
The Relationship ◽  
Predictive Relationship ◽  
Very High

ABSTRACTOne of the most widely used indices of language development is a measure of utterance length in morphemes (MLUm). This study examines the applicability of MLUm to the acquisition of Irish. MLUm was calculated for data from Cian, aged 1;11–3;0. Even when an attempt was made to ‘assume the maximum’ by counting all possible morphemes, the correlation between a morpheme MLU (MLUm) and a word count MLU (MLUw) was very high (0·99). This points to MLUw being as effective a measure of Irish development as MLUm, as well as being easier to apply and more reliable. MLUw was calculated for the two younger children in the study (Eibhlís 1;4–2;1 and Eoin 1;10–2;6). An examination of the relationship between the three children's MLUw values and their grammatical complexity as measured on ILARSP (the Irish adaptation of LARSP) indicates that MLUw is a useful preliminary index for early development in Irish. However, further data are necessary to check whether MLUw loses its predictive relationship with grammatical complexity after a certain point. The study emphasizes the caution necessary in applying MLU to languages whose acquisition has not hitherto been studied, and underlines the role of MLU as a preliminary measure, which must not be overinterpreted.

scholarly journals Customs and Traditions and their Role in Revealing the Purposes of Islamic law: العرف والعادة ودورهما في الكشف عن مقاصد الشريعة الإسلامية

2021 ◽  
Vol 4 (5) ◽  
pp. 60-44
Author(s):  
Ayman Eleyyan Ahmed Daradkh Ayman Eleyyan Ahmed Daradkh
Keyword(s):  
Islamic Law ◽  
The Third ◽  
The Relationship ◽  
Research Studies

This research studies Customs and Traditions and their relationship with the objectives of Islamic law. It has been divided into three sections, the first: concepts and terms of the study, the second: customs and their relationship to the method of reasoning and worship in Islamic law. And the third: customs and their relationship to interests and evils. The research tried to answer the following questions: What is the role of custom in achieving the intention of the street? What is the relationship between custom and the purposes of Sharia? The researcher has concluded that there is a relationship between custom and the purposes of Sharia, and the role of custom in achieving the intention of the street, considering that the interest is usually one of the customs, and it has been proven that the lawmaker has taken into account the interests of people, and among them is the consideration of their customs in legislation, and therefore the jurist must observe custom and custom In the ruling, in line with the realization of the street's intent.

Islamic and Customary Law in Aceh Darussalam Constitution

2016 ◽  
Vol 2 (2) ◽  
pp. 146-164
Author(s):  
Gunawan Adnan
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Canonical Texts ◽  
The Relationship

It is confessed that the relationship between Islamic taw and customary law in Aceh is very tight and hardly distinguished. This phenomenon hold also true and could be traced through the canonical texts of Aceh Darussalam kingdom. This articIe is aimed at examining this indication through a brief study on the manuscript of the so-called three laws of Aceh, especially pertaining to siyasah (politics) and the forms of relationship between the two legal systems. Furthermore, it will also discuss the substance of the text compared with al-Mawardi's thought in al-Ahkam al-Sulthaniyyah. The study safely comes to the conclusion that the majority of siyasah concept of Islamic law has been absorbed into the structure of canonical texts of Aceh Darussalam Kingdom. Last but not least, it is also found two forms of absorption, namely, total and selective absorptions.

The Codification Episteme in Islamic Juristic Discourse between Inertia and Change

2015 ◽  
Vol 22 (3) ◽  
pp. 157-220 ◽  
Author(s):  
Ahmed Fekry Ibrahim
Keyword(s):  
Islamic Law ◽  
Boundary Crossing ◽  
Coherent System ◽  
Legal Change ◽  
Legal Rules ◽  
Conventional View ◽  
Evolutionary Trajectories ◽  
Substantive Law ◽  
Legal Methodology ◽  
The Relationship

Many historians view Islamic law as an organic and methodologically coherent system in which there is a systematic link between legal methodology (uṣūl) and substantive law (furūʿ). In this essay, I will argue against the conventional view, drawing support from the evolutionary trajectories of four genres of juridical writing: abridged legal compendia (mukhtaṣars); juristic disagreement (ikhtilāf); the commentary/supercommentary (sharḥ/ḥāshiya); and legal responsa (fatāwā) genres. The post-thirteenth century evolution of these genres reveals a pronounced tendency to marginalize the relationship between legal methodology and substantive law, privileging a codification ethos. Judges and low-ranking jurisconsults were expected to “apply” legal rules and frequently abandoned legal methodology as an avenue for legal change in favor of pragmatic school boundary-crossing. In doing so, they were less concerned with intra-school methodological coherence than with pursuing juristic flexibility by focusing on the content of the law rather than its process.


Legal Systems and Variance in the Design of Commitments to the International Court of Justice

2009 ◽  
Vol 26 (2) ◽  
pp. 164-190 ◽  
Author(s):  
Sara McLaughlin Mitchell ◽  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Bilateral Treaties ◽  
The Relationship

This paper explores the relationship between domestic legal systems and the design of commitments to the International Court of Justice (ICJ). Empirical analyses demonstrate that civil law states are more willing to recognize the compulsory and compromissory jurisdiction of the World Court than common law or Islamic law states. Common law states place the highest number of reservations on their optional clause declarations, with the majority of those restrictions relating to specific areas of international law. Civil law states typically embed compromissory clauses in multilateral treaties, while common and Islamic law states prefer recognition of the ICJ's jurisdiction through bilateral treaties.

The Role of Non-Arab Converts in the Development of Early Islamic Law

1999 ◽  
Vol 6 (3) ◽  
pp. 293-317 ◽  
Author(s):  
Harald Motzki
Keyword(s):  
Eleventh Century ◽  
Islamic Law ◽  
Formative Period ◽  
Considerable Importance ◽  
Jewish Law ◽  
Legal Systems ◽  
Western Scholarship ◽  
Arab Descent ◽  
Early Islamic

AbstractWestern scholarship has attached considerable importance to the role played by scholars of non-Arab descent in the formative period of Islamic law and jurisprudence. This view can be challenged. In a sample taken from a biographical collection of important legal scholars compiled in the fifth/eleventh century, "true" Arabs constituted the majority; three quarters of the non-Arab scholars had an eastern background and came from the regions of the former Sassanian empire; and only a few scholars had clearly Christian or Jewish roots. This result lends no support to the assumption that jurists of non-Arab descent brought solutions from their natal legal systems — Roman, Roman provincial and Jewish law — to early Islamic law.

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