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What is the sharia?
Éditeur C. Hurst & Co. (Publishers) Ltd
Année 2018
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What is the sharia?
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La charia
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Cover; Half-title; Title; Copyright; Contents; A Note on Quotations; Introduction; An object of polemic with contrasting uses; The Sharia in a few words; 1. A Concept and Its Contexts; The Sharia in language games; Beyond dogmatic discourse, observation of practice; The academic conception of Sharia; A term with many connotations; 2. Exploring the Sources of the Divine Law: The Quran; The Quran and its Messenger; The Quranic text: Mystical revelation or law?; Compilation and transmission of the Quran; Meaning and interpretation of the Quran; Contemporary uses of the Quran ; 3. The Sources of the Divine Norm: Prophetic TraditionEstablishing a community hierarchy and a corpus of norms; The science of hadith; The place of Tradition in doctrine and the science of its foundations; The Sunna as guarantee of authenticity and authority; Contemporary legal uses of the Sunna; 4. Access to Sharia: Consensus and Analogical Reasoning; The development of doctrinal schools; Consensus; Reasoning and analogy; Jurisconsults; The Sunni doctrinal schools; Shi'ite doctrine; The institution of the fatwa and doctrinal consultation; The contemporary relevance of doctrinal reasoning ; 5. A Survey of DoctrineThe classification of acts, hierarchy of sources, and capacity; Pillars of the faith and acts of ritual devotion; Family relations; Property and contractual relations; Offences against life, the body, and property; 6. Practices and Institutions of Justice; The concept of justice in Islam; The institutions of justice; The judge between theory and practice; The age of reforms and the coming of the nation-state; 7. The Invention of Islamic Law; An administrative and academic creation; The imposition of a positivist model; A new way of conceiving Sharia ; 8. Sharia in Contemporary Legal SystemsArab experiences under the influence of Napoleonic law; Personal status law; Criminal law and civil law; Concerning Islamic banks; Judges and Sharia; 9. The Sharia: Political Uses and Constitutional Renderings; Implosion, eclipse, return to the political scene; Indispensable reference, diversified content; Legal references to Islam and devolution of powers in religious subjects; The Sharia as ideology; 10. Sharia in Countries Where Islam is in a Minority; Openings in private international law ; Personal status and Islamic norm in a secularized public spaceWhen Islam becomes Western; Islamic doctrine in minority situations; Virtuous abstraction, disciplinary order, political slogans; Conclusion; Notes; Glossary; Index
In the West, 'sharia' often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernisation of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an 'ideal' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries.--
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