Die Systematisierung des islamischen Rechts

Beschreibung

Islamic law is rarely considered particularly systematic or coherent. However, an analysis of the development of the Islamic notions of equity ( istiḥsān, sometimes also translated as "juristic preference" or "favourable construction") between the second/eighth and the eighth/fourteenth centuries proves this presumption wrong. During this time period, istiḥsān was a driving force with regard to the systematisation of Islamic law. This serves as an example of the profound structural transformation Islamic legal theory underwent in its post-formative stage. Simultaneously, a teleological notion of natural law in an Aristotelian tradition comes to the fore. It is based on the presumption that law is coherent - that equal things are treated equally while unequal things are treated unequally.
Islamic law is rarely considered particularly systematic or coherent. However, an analysis of the development of the Islamic notions of equity ( istiḥsān, sometimes also translated as "juristic preference" or "favourable construction") between the second/eighth and the eighth/fourteenth centuries proves this presumption wrong. During this time period, istiḥsān was a driving force with regard to the systematisation of Islamic law. This serves as an example of the profound structural transformation Islamic legal theory underwent in its post-formative stage. Simultaneously, a teleological notion of natural law in an Aristotelian tradition comes to the fore. It is based on the presumption that law is coherent - that equal things are treated equally while unequal things are treated unequally.

Autor*in

Rike Sinder
is Visiting professor for sustainability law at the University of Mannheim.

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Billigkeit istihsan Aristoteles Thomas von Aquin

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