The Sharia and the state: Islamic jurisprudence towards modernization

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380011
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: J. F. Oberlin University
• Principal Investigator: HORII SATOE 桜美林大学, 人文学系, 准教授 (20376833)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: シャリーア / イスラーム法学 / 法の近代化 / スンナ派四法学派 / カーヌーン

Outline of Final Research Achievements

The purpose of the present study is to offer new perspectives on the modernization of laws in Middle East, which has hitherto been considered in contexts of the Westernization of laws during the 19th century, by scrutinizing some changes in pre-modern Islamic jurisprudence. As the most notable change, an increasingly evident theoretical move since the establishment of the Sharia (Islamic law) toward a standardization or unification of legal doctrines was discussed. Among others, I focused on the impact of the state and its laws on the Sharia, which might be deemed as one of the elements promoting this move, on the one hand, and some problematic features of the Sunni four legal schools system.

Free Research Field

イスラーム法