Qāḍī ʿAbd al-Jabbār’s Theory of Justice: Its Implications for Public Law and Contemporary Political Governance in Islam

Publish Year: 1402
نوع سند: مقاله ژورنالی
زبان: English
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JR_RIURD-12-2_003

تاریخ نمایه سازی: 4 آذر 1402

Abstract:

In light of the evolving nature of modern legal systems, certain aspects of Islamic law, such as the khums (one-fifth tax) and zakāt (alms tax), as well as discussions surrounding taxation and gender equality, have sparked debates within the realm of Islamic jurisprudence. This research aims to propose a suggestion that could potentially facilitate the rational integration of Islamic law with a Muʿtazilite approach, fostering greater compatibility between Islamic law and the legal requirements of public law in contemporary political communities. By focusing on the concepts of "rationality" and "human will," which hold paramount importance in Qāḍī ʿAbd al-Jabbār al-Muʿtazilī's theory, we aim to provide a legal and positive interpretation of the elements of his justice theory. This perspective may facilitate the coexistence of Islamic legal principles and the enacted regulations of modern legal systems.

Authors

Seyed Mojtaba Hosseini Karabi

Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

Mohammad Emami

Visiting Professor, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran and Professor of Law at Shiraz University, Shiraz, Iran.

Mohammad Rasekh

Visiting Professor, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran and Professor of Law at Shahid Beheshti University, Tehran, Iran.