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Conclusion

Published online by Cambridge University Press:  05 October 2013

Wael B. Hallaq
Affiliation:
McGill University, Montréal
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Summary

the search for a legal identity in twentieth-century Islam and the crises that are associated with reformulating both a legal theory and a general concept of law represent the latest historical stage in which humanistic and positivist tendencies have collided with the imperatives of revelation. True, this collision is unprecedented in the profound impact and the havoc it wreaked upon the intellectual and structural make-up of the traditional Islamic legal systems. But the tension between reason and revelation – that is, between human considerations of man's own welfare in this life, on the one hand, and divine intervention and decree, on the other – has been consistently present since Muhammad migrated to Medina. The very fact that the Quran untiringly called upon the Arabs to obey God and His Prophet, and to abandon their old ways in favor of a new “path” prescribed by the Deity, constitutes the practical equivalent of a higher will dictating to man modes of thinking and living that are often at variance with his normative ways. This divine interference, with its own internal dynamic, was on the increase with the passage of time. Obviously, the Quran could not provide on its own the basis for this intervention in mundane affairs. A second agency was required, and this was the Prophetic Sunna which emerged some decades after the Prophet's death.

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A History of Islamic Legal Theories
An Introduction to Sunni Usul al-fiqh
, pp. 255 - 262
Publisher: Cambridge University Press
Print publication year: 1997

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  • Conclusion
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.008
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  • Conclusion
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.008
Available formats
×