The History of Islamic Law

According to Ahmad Zaki Yamani (1388 A.H.), "the religious essence and value of the Shari'a must never be overestimated." Note, incidentally, that this seemingly groundation view is put out under the auspices of the Saudi-Arabian Publishing House, a quasiofficial organ of in supposedly archconservative Saudi Arabia. Indeed, Muslims regard the prophet himself as a human inspired by God, non as a divine being. The various schoolings of legal variant that have grown up have differing views on the percentage point to which Qur'anic rules can be ensn be aside. According to some Hanafi scholars, as we noted earlier, the whole of the Shari'a can indeed be set aside, if shura, "consultation and deliberation" (Sfier, 1988: 443). leads to a consensus that the earth good requires such(prenominal) an alteration. Shari'a thus contains, at least in some handed-down views, provisions for its own amendment.

Shari'a is in principle universal, suited (perhaps with amendments for the public interest) to all the needs of legal regulation in society. In spite of this universal scope in theory, the evolution of Islamic law in practice has been limited by political developments in the early centuries of Islam. The Caliphate lost its moral prestige, and then its sound power. Actual political power devolved on local military commanders, men having almost no moral legitimacy. Such rulers found Shari'a criminal l

Attitudes and images regarding crime, arbiter, and punishment are in some ways metaphores for the broader unwashed understanding (or, to a fault often, misunderstanding) between Westerners and Muslims. In another respect, too, the worry of learning mutual understanding and respect in the area of criminal justice and penology is a model for the broader question of how Islam and the West should coexist.

Jansen, G. H. (1979). Militant Islam. New York: Harper & Row.

As the West grapples with the problem of crime, Westerners can perhaps profit from giving a listening to Islamic views on crime, criminal justice, and penology, rather than dismissing them in privilege of popular stereotypes. The Islamic view of justice in society, indeed, is grow in values of regard for the individual which have overmuch in common with Western values. Indeed, a whole school of Muslim scholars, "occidentalists," have sought to emphasize the common "Mediterranean" roots of Western and Muslim values and attitudes.

awaken throwback(prenominal) stereotypes. In their more vague

The principle by which the safety of the members of a Muslim community are to be protected from the knowledgeable threat of crime is closely related to that principle by which the Muslim community as a whole is to be protected from external threats. This provision, in turn, is critical in the evolution of relations between the Muslim world and the West. To some primitive Muslims, the protection of the Muslim community justifies theirclaim that their conflict with the West deserves the placement of jihad. In doing so, of course, these radical Muslims stir antiMuslim sentiments in the West, and thus seem to justify antiMuslim prejudices and actions.

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