Merhaba Misafir

Abstract Orientalism and Islamic Law


This is a study of the general outlook of Islamic law in Orientalist literature, it consists in two parts; the first part focuses on Orientalist debates over the nature of law beginning with C, S, Hurgronje till present day, It tries to show how the nature of shari'ah preoccupied the minds of Orientalists giving rise two main characterizations, the first of which, going back to nineteeth century but still haa a certain reputation, sees it as a deontology rather than the law in modenrn sense, The other view, which has been gradullay gaining ground regards Islamic law as a law in the proper sense, After the general overview, the author presents his own conclusions regarding the debate, The second part turns to the debate over the origins of Islamic law, including the debates over the origins of prophetic material, Here a fundamental misunderstanding by the early Orientalists of the Islamic legal theory was pointed out, which had given rise a pseudodebate over the authenticity, In the whole the essay is guided by a general perspective that aims to give credit to the Orientalist literature, rather than falling in the traps ofoutright rejection,

Yayınlandığı Kaynak : İslam Hukuku Araştırmaları Dergisi
  • Yıl : 2004
  • Cilt : 2004
  • ISSN : 1304-1045
  • Sayı : 4
  • Sayfa Aralığı : 0-0
  • IO Kayıt No : 22666
  • Yayıncı : Mehir Vakfı