Islamic law and social change : a legal perspective

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dc.contributor.advisorTayob, Abdulkaderen_ZA
dc.contributor.authorMoosagie, Mohammed Allieen_ZA
dc.date.accessioned2015-12-20T15:40:26Z
dc.date.available2015-12-20T15:40:26Z
dc.date.issued1989en_ZA
dc.descriptionIncludes bibliographies.en_ZA
dc.description.abstractMy thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change.en_ZA
dc.identifier.apacitationMoosagie, M. A. (1989). <i>Islamic law and social change : a legal perspective</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Religious Studies. Retrieved from http://hdl.handle.net/11427/15878en_ZA
dc.identifier.chicagocitationMoosagie, Mohammed Allie. <i>"Islamic law and social change : a legal perspective."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Religious Studies, 1989. http://hdl.handle.net/11427/15878en_ZA
dc.identifier.citationMoosagie, M. 1989. Islamic law and social change : a legal perspective. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Moosagie, Mohammed Allie AB - My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change. DA - 1989 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 1989 T1 - Islamic law and social change : a legal perspective TI - Islamic law and social change : a legal perspective UR - http://hdl.handle.net/11427/15878 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15878
dc.identifier.vancouvercitationMoosagie MA. Islamic law and social change : a legal perspective. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Religious Studies, 1989 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15878en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Religious Studiesen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherIslamic law - Social aspectsen_ZA
dc.subject.otherReligious Studiesen_ZA
dc.titleIslamic law and social change : a legal perspectiveen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMAen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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