{"title":"Time and Moral Choice in Islamic Jurisprudence","authors":"Omar Farahat","doi":"10.1017/cjlj.2021.22","DOIUrl":null,"url":null,"abstract":"Abstract Even though the Islamic legal tradition advanced its own set of conceptions of time, modern scholarship on Islamic law has not paid much attention to these conceptions. This paper argues that Islamic jurisprudents understood time in moral terms, not as a neutral container or mere background for action, but as a series of opportunities in which the authority of divine revelation and human moral reasoning are articulated. I suggest that the debates over the manners of compliance with divine commands in time were attempts at reaching some form of balance between the considerations of faithfulness to the demands of divine revelation and the practical imperatives of human temporal lives. This argument is advanced through a study of classical debates among jurists within the two major Sunnī schools of jurisprudence on the specific question of whether divine commands that are devoid of time indications should result in immediate or delayed performance.","PeriodicalId":43817,"journal":{"name":"Canadian Journal of Law and Jurisprudence","volume":"35 1","pages":"141 - 167"},"PeriodicalIF":0.4000,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Journal of Law and Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cjlj.2021.22","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Even though the Islamic legal tradition advanced its own set of conceptions of time, modern scholarship on Islamic law has not paid much attention to these conceptions. This paper argues that Islamic jurisprudents understood time in moral terms, not as a neutral container or mere background for action, but as a series of opportunities in which the authority of divine revelation and human moral reasoning are articulated. I suggest that the debates over the manners of compliance with divine commands in time were attempts at reaching some form of balance between the considerations of faithfulness to the demands of divine revelation and the practical imperatives of human temporal lives. This argument is advanced through a study of classical debates among jurists within the two major Sunnī schools of jurisprudence on the specific question of whether divine commands that are devoid of time indications should result in immediate or delayed performance.
期刊介绍:
The Canadian Journal of Law & Jurisprudence serves as a forum for special and general jurisprudence and legal philosophy. It publishes articles that address the nature of law, that engage in philosophical analysis or criticism of legal doctrine, that examine the form and nature of legal or judicial reasoning, that investigate issues concerning the ethical aspects of legal practice, and that study (from a philosophical perspective) concrete legal issues facing contemporary society. The journal does not use case notes, nor does it publish articles focussing on issues particular to the laws of a single nation. The Canadian Journal of Law & Jurisprudence is published on behalf of the Faculty of Law, Western University.