Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

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Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download. Not unlike lawyers of other legal traditions, Muslim lawyers’ main concern is how their law should govern human behavior. This is what jurists refer to as questions of legal practice. Here is an example: What are the conditions under which a marriage contract would be valid and binding? This question of legal practice must be answered based on theoretical legal principles.

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

That is, there has to be a systematic answer to this question deriving from an area of the law that explains why a lawyer should answer practical legal questions one way or another. A question of legal theory that relates to the above question of legal practice would be: How could one know the conditions under which a marriage contract would be valid and binding? In this context, practical legal reasoning provides categories that address what is legal or illegal, valid or invalid, or, in very general terms, how legal norms regard a certain circumstance. Theoretical legal reasoning provides the foundations for the normative categories used in practical legal reasoning.

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

Suppose that legal theory provides that one should look for an answer to the above question on valid marriage (among other questions of legal practice) in the language of Scripture (the Qura§n) and the Prophet MuÈammad’s Tradition (Sunna). Suppose further that the authenticity of the Qura§n is above questioning, while ascertaining the authenticity of any Prophetic Tradition must be subjected to certain criteria. So far Islamic legal theory identified the Qura§n and the Sunna as sources of law and provided conditions for the use of the Sunna as a source of law.

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

Add to stipulating the authoritativeness of the Qura§n and the Sunna and providing the conditions of their authoritativeness principles of legal hermeneutics that must be used to ascertain the purport of a text from either Scripture (the Qura§n) or Tradition (Sunna). Suppose finally that there are other principles of legal theory that may aid the jurist in arriving at a ruling on a practical legal question after relevant Scriptural (Qura§nic) and Traditional texts have been exhausted. These principles include inferences of the general objectives of the Qura§nic or MuÈammadan message and principles of common sense or existing local custom that do not directly
contradict either of these two sources.

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

We thus have the following four (general) principles of legal theory:
1. Scripture and Prophetic Tradition are the prime sources of law.
2. The authenticity of Prophetic Tradition is a prerequisite to using it as a source of legal rulings.
3. Certain principles of hermeneutics must be used to interpret the language of these two sources.
4. Inferring the objectives of the law as well as accepting the continuation of local custom can be considered sources of legal practice, if they do not contradict explicit Scriptural and Traditional language concerning the issue at hand.

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download

Structural Interrelations of Theory and Practice in Islamic Law by Ahmad Atif pdf free download


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