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Islam and Its Law. Avoiding Distinctions Der Islam und sein Recht – Die Vermeidung der Unterscheidungen

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The focus of the article is on the risks of a religious predominance over secular philosophy and the eigenrationality of the legal system. This is a tendency, not a necessity, that can be attributed to Islam as opposed to Christian thinking. The latter has gradually adopted major components of the pagan Roman-Greek culture in late antiquity, philosophy and Roman law in particular. Islam has tolerated the spread of Greek philosophy in medieval ages, but its core has not been touched by this exchange. Islamic law cannot easily adapt to the historical transformation of society because its essence is enshrined in the Coran which is regarded as being the word of God himself. Islam ,,as such" is not a monolithic religion, however, it allows for the rise of sectarian movements that plead for the possibility of a Coran ,,without interpretation". The autonomy of law, in particular, is opposed by many groups because they fear the risks of a secularisation of culture.
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Keywords: ARABIC CULTURE; AUTONOMY OF LAW; CORAN; GREEK PHILOSOPHY; HERMENEUTICS; ISLAM; LATE ANTIQUITY; RELIGIOUS LAW; ROMAN LAW; SECULARISATION; SOVEREIGNTY

Language: German

Document Type: Research Article

Publication date: 2017-01-01

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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