توضیح

یادداشت: عنوان فارسی: حقوق و جامعه اسلامی.
Shari'ah (Islamic law) has been the dominant moral and legal code of
Muslim societies for the gnxter part of their history. During the early centuries
of Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,
growth that culminaa in the establishment of a vast emph and an outstandmg
civilization. By the close of the fifth century of Islam, however, Shari'ah
began to lose its role as the guiding force that inspired Muslim creativity
and ingenuity and that nurtured the growing spirit of the Muslim community
(Ummah). Consequently, the Ummah entered a period of stagnation that
gradually gave way to intellectual decline and social decadence. Regrettably,
this painful trend continues to be more or less 'part of the individual
consciousness and collective experience of Muslims.
This paper attempts to trace the development of the principles of Islamic
jurisprudence, and to assess the impact of Shari'ah on society. It argues that
the law ceased to grow by the sixth century of Islam as a result of the
development of classical legal theory; more specifically, law was put on hold,
as it were, after the doctrine of the infallibility of ijma' (juristic consensus)
was articulated. The rigid principles of classical theory, it is contended, have
been primarily induced by the hulty epistemology employed.by sixth-century
jurists.
Shari'ah, or Islamic law, is a comprehensive system encompassing the
whole field of human experience. It is not simply a legal system, but rather
a composite system of law and morality. That is, Islamic law aspires to regulate
all aspects of human activities, not only those that may entail legal
consequences. Hence, all actions and relationships are evaluated in accordance
with a scale of five moral standards.
According to Shari'ah, an act may be classified as obligatory (wajib),
recommended (mandub), permissible (mubah), reprehensible (makruh), or
prohibited (haram). These five categories reflect the varying levels of moral ...