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Oxford Journal of Law and Religion
Article . 2021 . Peer-reviewed
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The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies as an Institutional Framework

Fiqh Academies as an Institutional Framework
Authors: Gad Makhlouf, Ahmed;

The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies as an Institutional Framework

Abstract

Abstract The rise of modernity, with its tremendous changes and challenges, has had an impact on Islamic law. Among the most recent developments there is—at an institutional and doctrinal level—the emergence of fiqh bodies dealing with contemporary issues based on a collective decision-making process. In contrast to this modern approach of law making, the emphasis on individual legal decision-making was common in the pre-modern era. These fiqh academies have contributed to the substantive development of present Islamic law due to its immense output (qarārāt or resolutions). This essay aims to represent the research methodology and legal performance of fiqh academies as a contemporary framework for the formation of Islamic law and their role in the development of legal doctrine. Thereupon, this article intends, on the one hand, to contribute to the study of the developments of present Islamic law; on the other, it examines the relationship of the legal norms developed by contemporary fiqh academies and traditional schools of law and their methodology of law making.

Country
Austria
Related Organizations
Keywords

603209 Canon law, 603209 Kanonisches Recht, 603905 Islam

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
hybrid