The Majallah as Codified Fiqh

Name: The Majallah as Codified Fiqh
Author: Danish Naeem

Title	The Majallah as Codified Fiqh
Author	Danish Naeem
Subject	Codification
Type	Book
Language	Arabic
Digital	Yes
Manuscript	No
Library:	Royal Danish Library
Library Asset ID	EISSN: 2651-5083, DOI: 10.26650/di.2022.33.2.1150985
Record ID	cdi_doaj_primary_oai_doaj_org_article_44ba3e23e98349fcacfb7dceaa3761ef
Library Location	DOAJ Directory of Open Access Journals
Notes	Codification was a widespread phenomenon in 19th-century Europe when the Majallah al-Ahkam al-Adliyyah (Civil Code of the Ottoman Empire, henceforth Majallah) was created. The spirit of the times was such that Europe was heavily under the influence of the French Civil Code. In such a context, the Majallah was envisioned as a means to fill the lacunae in the law as applicable to the judicial system. Accepting the Majallah as a fiqh text transplanted into a codification paradigm raises the problem of whether the imperatives of fiqh accord with those of that paradigm. This article examines the phenomenon of codification and what functions it serves. The article also delves into the history of the Majallah in order to investigate the extent to which it is an expression of a codified paradigm and thereby serves the same functions as the latter. This investigation speaks to the larger imperatives inherent within any effort where Islamic law has been codified.
Görüntüle	Darulfunun ilahiyat (Online), 2022-12, Vol.33 (2), p.597-617

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Royal Danish Library

The Majallah as Codified Fiqh

Author Danish Naeem

Subject Codification

Type Book

Language Arabic

Digital Yes

Manuscript No

Library Royal Danish Library

Library Asset ID EISSN: 2651-5083, DOI: 10.26650/di.2022.33.2.1150985

Record ID cdi_doaj_primary_oai_doaj_org_article_44ba3e23e98349fcacfb7dceaa3761ef

Library Location DOAJ Directory of Open Access Journals

Notes Codification was a widespread phenomenon in 19th-century Europe when the Majallah al-Ahkam al-Adliyyah (Civil Code of the Ottoman Empire, henceforth Majallah) was created. The spirit of the times was such that Europe was heavily under the influence of the French Civil Code. In such a context, the Majallah was envisioned as a means to fill the lacunae in the law as applicable to the judicial system. Accepting the Majallah as a fiqh text transplanted into a codification paradigm raises the problem of whether the imperatives of fiqh accord with those of that paradigm. This article examines the phenomenon of codification and what functions it serves. The article also delves into the history of the Majallah in order to investigate the extent to which it is an expression of a codified paradigm and thereby serves the same functions as the latter. This investigation speaks to the larger imperatives inherent within any effort where Islamic law has been codified.

Görüntüle Darulfunun ilahiyat (Online), 2022-12, Vol.33 (2), p.597-617