The article addresses legal pluralism in Islamic law and its possible theoretical implications for legal theory. Accordingly, it presents Islamic law as a legal order and discusses its roots, which are the Qur’an, the Prophet’s traditions, the consensus of the scholars, and analogy. It then goes on to expound the devel- opment of the Sunni ancient schools into four legal schools that consolidated themselves at the end of the third Islamic century, approximately the 10th Christian century, and discusses the way they relate to each other, in order to explain why, and to what ex- tent it makes sense to say that legal pluralism is one of the main features of Islamic law. Finally, the article speculates on some the- oretical implications, including the admission of local variations of the law, topical reasoning as conducive to pluralism, and the need to study legal interpretation from a historic perspective.
INTERPRETAÇÃO DAS FONTES E PLURALISMO JURÍDICO NO DIREITO ISLÂMICO
OLIVIERO, Maurizio
2016
Abstract
The article addresses legal pluralism in Islamic law and its possible theoretical implications for legal theory. Accordingly, it presents Islamic law as a legal order and discusses its roots, which are the Qur’an, the Prophet’s traditions, the consensus of the scholars, and analogy. It then goes on to expound the devel- opment of the Sunni ancient schools into four legal schools that consolidated themselves at the end of the third Islamic century, approximately the 10th Christian century, and discusses the way they relate to each other, in order to explain why, and to what ex- tent it makes sense to say that legal pluralism is one of the main features of Islamic law. Finally, the article speculates on some the- oretical implications, including the admission of local variations of the law, topical reasoning as conducive to pluralism, and the need to study legal interpretation from a historic perspective.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
