Natural Law in Islam from theological and legal perspectives

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Abstract

Debates over the interpretation and application of Islamic law illustrate central issues in natural law theory about the interaction between timeless principles and contemporary social norms. On the one hand, Nadirsyah Hosen notes, the Qur’an and the Hadith are considered immutable and timeless. In this sense, Muslim societies may change, but Islam never changes. On the other hand, Islamic teaching depends on human interpretation of divine sources. Those interpretations may evolve over time, reflecting shifts in human understanding. Different Islamic schools take different views of the extent to which interpretations of the Holy Books can and should change over time. The centrality of ijtihad or interpretation in Islamic law, for Hosen, illustrates the importance of reason, tradition and consensus as tools of understanding. Concepts such as istislah or public interest may also have a role to play. As a consequence, Islamic jurists and ordinary Muslims hold diverse opinions about how Islamic teaching applies in the modern world. Hosen argues for a balanced approach where scholars develop new interpretations of original sources while studying and learning from historical scholarship. In this way, contemporary interpreters can help advance human knowledge of what natural law entails today.
Original languageEnglish
Title of host publicationResearch Handbook on Natural Law Theory
EditorsJonathan Crowe, Constance Y Lee
Place of PublicationCheltenham UK
PublisherEdward Elgar Publishing
Chapter9
Pages148-163
Number of pages16
Edition1st
ISBN (Electronic)9781788110044
ISBN (Print)9781788110037
DOIs
Publication statusPublished - 2019

Cite this

Hosen, N. (2019). Natural Law in Islam from theological and legal perspectives. In J. Crowe, & C. Y. Lee (Eds.), Research Handbook on Natural Law Theory (1st ed., pp. 148-163). Edward Elgar Publishing. https://doi.org/10.4337/9781788110044.00016