Custom as a Legal Principle of Legislation for Shi'i Law
Bibliographic Data
| ID | 3944544 |
|---|---|
| Authors | Liyakat Takim (0000-0001-6768-9293, McMaster University, Hamilton, Canada, corresponding author) |
| Year | 2018 |
| Volume | 47 |
| Issue | 4 |
| Pages | 481-499 |
| Publication date | 2018-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Studies in Religion/Sciences Religieuses (JOURNAL) |
| Journal identifiers | ISSN: 0008-4298 • E-ISSN: 2042-0587 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0008429818787707 |
| OpenAlex | W2897043145 |
| Language | EN |
| Citations received | 3 |
| References cited | 14 |
This paper will argue that the principle of a lacuna in Shi'i law can empower jurists to go beyond the traditional parameters of the shari'a. The principle allows for an expansion of Islamic law since jurists can legislate laws that have not been explicitly prohibited by textual sources. I will demonstrate that, in the past, Shi'i jurists often appealed to local customary practices in legislating laws that were absent in revelatory sources. This juridical practice is premised on the view that all reasonable beings accept and behave according to common norms and values. I will argue also that, based on the principle of the custom of reasonable people, jurists can deploy American social norms and customs as a source of new legislation. Such considerations can lead to a radically different formulation of diasporic jurisprudence
Islam · Jurisprudence · Law and economics · Legislation · Political science · Sociology · American Constitutional Law and Politics · Islamic Studies and History · Law · Marriage and Sexual Relationships · Philosophy
Religious Authority and Political Thought in Twelver Shi'ism
Shi'i Jurisprudence and Constitution
A History of Islamic Legal Theories
Custom in Islamic Law and Legal Theory
Heirs of the Prophet, The
Shi'ism in America
Islam and the Blackamerican
Islamic Law and Muslim Minorities
Innovation in Islam. Traditions and contributions
Preserving or Extending Boundaries
Shi‘ism in the American Diaspora
Muslims on the Americanization Path
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2021 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |