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Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Hardcover)
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Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Hardcover)
Series: Culture and Civilization in the Middle East
Expected to ship within 12 - 17 working days
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Moral Rationalism and Shari'a is the first attempt at outlining the
scope for a theological reading of Shari'a, based on a critical
examination of why 'Adliyya theological ethics have not
significantly impacted Shi'i readings of Shari'a. Within Shi'i
works of Shari 'a legal theory (usul al-fiqh) there is a
theoretical space for reason as an independent source of
normativity alongside the Qur'an and the Prophetic tradition. The
position holds that humans are capable of understanding moral
values independently of revelation. Describing themselves as
'Adliyya (literally the people of Justice), this allows the Shi 'a,
who describe themselves as 'Adiliyya (literally, the People of
Justice), to attribute a substantive rational conception of justice
to God, both in terms of His actions and His regulative
instructions. Despite the Shi'i adoption of this moral rationalism,
independent judgments of rational morality play little or no role
in the actual inference of Shari 'a norms within mainstream
contemporary Shi'i thought. Through a close examination of the
notion of independent rationality as a source in modern Shi'i usul
al-fiqh, the obstacles preventing this moral rationalism from
impacting the understanding of Shari 'a are shown to be purely
epistemic. In line with the 'emic' (insider) approach adopted,
these epistemic obstacles are revisited identifying the scope for
allowing a reading of Shari'a that is consistent with the
fundamental moral rationalism of Shi'i thought. It is argued that
judgments of rational morality, even when not definitively certain,
cannot be ignored in the face of the apparent meaning of texts that
are themselves also not certain. An 'Adliyya reading of Shari'a
demands that the strength of independent rational evidence be
reconciled against the strength of any other apparently conflicting
evidence, such that independent judgments of rational morality act
as a condition for the validity of precepts attributed to a just
and moral God.
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