著者

櫻井 秀子

出版者

中央大学

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

vol.21, pp.67-79, 2013-03

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The paper considers the origin of dynamism in Islamic Law by examining the formation process of madhhabs (of legal schools) with a special reference to Wael B. Hallaq's Authority, Continuity, and Change in Islamic Law (2001). This text examines the doctrines and practices of madhhabs within the historical context, and shows how madhhab functioned effectively in the Islamic world before the Shariá (Islamic law) system was integrated into the modern nationstate system. The paper explains the role and the qualifications of the muftī (jurisconsult) and the musannif (authorjurist) to better illustrate the structural diversity of madhhab, focusing on the legal practices such as ijtihād, takhrīj, tarjīh, and tasnīf. In Hallaq's study, the plurality and diversity of madhhabs is considered as an important factor for both continuity and change in Islamic law, and its epistemological aspects are primarily explained. This paper further explains the ontological aspects of madhhab from the Islamic worldview, tawhīd, Showing that the dynamism in Islamic law that stems from the diversity is an exact reflection of existential relationships based on tawhhīd.

著者

櫻井 秀子 Hideko Sakurai 作新学院大学地域発展学部地域経済学科

出版者

作新学院大学地域発展学部

雑誌

作新地域発展研究 (ISSN:13481711)

巻号頁・発行日

no.4, pp.109-127, 2004-03

著者

櫻井 秀子

雑誌

中央大学政策文化総合研究所年報 (ISSN:13442902)

巻号頁・発行日

no.16, pp.69-84, 2013-08-23

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The purpose of the paper is to consider the nature of democracy in Islam by examining the concept of the self, the relationship between the self and the other, and the meaning of al-nās, i.e. people, which is a key concept for understanding Islamic democracy. The paper, however, first examines the nature of democracy in the modern nation-state which has a tendency to protect the rights of socially dominant people by excluding the weak from the public sphere. This point is explained by referring to R. Espositoʼs concepts of immunitus and comunitus in modern politics. The paper then explains the concept of al-nās based on Sharīʻatīʼs interpretation in the 1970s and shows that in the Islamic community people are interrelated with each other with an ontologically equal right, while they are endowed with the different characteristics and abilities. Finally, Sharīʻatīʼs idea about the just leadership of religious scholars in Ali's Shia and Safavi's Shia is examined to better understand the dilemma and difficulties of realizing democracy in the Islamic Republic in Iran.