The Majallah as Codified Fiqh

Name: The Majallah as Codified Fiqh
Author: Danish Naeem

İsim	The Majallah as Codified Fiqh
Yazar	Danish Naeem
Konu	Codification
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2651-5083, DOI: 10.26650/di.2022.33.2.1150985
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_44ba3e23e98349fcacfb7dceaa3761ef
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	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

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

Aramaya Dön

Danimarka Kraliyet Kütüphanesi

Kaynağa git

The Majallah as Codified Fiqh

Yazar Danish Naeem

Konu Codification

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2651-5083, DOI: 10.26650/di.2022.33.2.1150985

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_44ba3e23e98349fcacfb7dceaa3761ef

Lokasyon DOAJ Directory of Open Access Journals

Notlar 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