<Articles>Development of Usul al-Fiqh (Islamic Jurisprudence), and Systematization of Shariah: With Special Emphasis on Functions and Significance of Maqasid al-Shariah, or Objectives of Law

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  • KOSUGI Yasushi
    立命館大学立命館アジア・日本研究機構特別招聘研究教授; 京都大学名誉教授

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  • <論考>イスラーム法源学の展開とシャリーアの体系化 --マカースィド（法の目的）の機能と意義を中心に--

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Description

Shariah, or Islamic Law, is based on rule-making through legal interpretations by jurists. The process of “finding a rule” out of fundamental sources, namely, the Qur'an and the Prophetic Sunnah, has been entrusted to the jurists by the Islamic community (Ummah). The legal rules apply to each and every case where the faithful (ordinary Muslims) need guidance for their lives according to Islamic teachings, and these rules constitute the science of Fiqh. Legal interpretations, or the science of Usul al-Fiqh, have rigid methodologies for such interpretations. However, in earlier eras, jurists did not elaborate on how they exercised their interpretations. Consequently, there was a time gap between the formation of the former and latter sciences. Theoretically, the latter should precede the former since rule-finding must be done through legal interpretation. This article scrutinizes the reasons behind the time gap, and argues that Usul al-Fiqh developed not only to manifest what was implicit in the exercising of legal interpretation by the earlier generation but also to demonstrate the systemic features of Shariah. Among the contributions of the systematization of Usul al-Fiqh, Maqasid al-Shariah, or the Objectives of Law, with a special focus on al-Shatibi, will be analyzed.

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  • イスラーム世界研究

    イスラーム世界研究 17 191-211, 2024-03-31

    Center for Islamic Area Studies at Kyoto University (KIAS)

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