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Title
Author
Anver M. Emon
Institution
University of Toronto
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Topic
Abstract

This article shows that early Muslim jurists often created rules that had no foundation in the Qurʾān or Sunna. Their successors adopted these views as authoritative precedent, but not without further justifying them. Their justificatory reasons reflected background values concerning inhrent qualities of the individuai and the goods society must uphold in order to give Substantive content to their legal determinations. Recourse to these values, whether implicit or explicit, illustrates how Muslim jurists incorporated naturalistic reasoning in their juridical analyses. To prove their implicit naturalism, this article focuses on how Sunnī Muslim jurists primarily from the 2nd/8th-10th/16th centuries used the conceptual heuristic of “rights of God” and “rights of individuate” (ḥuqūq Allāh, huqūq al-ʿibād) as an interpretive mechanism to frame their naturalistic assumptions and apply them in legal analysis to create and distribute rights, duties, and public commitments.

 

Date of Publication
Recommended citation
Islamic Law and Society Vol. 13, No. 3 (2006), pp. 325-391.
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