{"_index":"bib","_type":"_doc","_id":"4984","_score":null,"_source":{"id":4984,"authors_free":[{"id":5715,"entry_id":4984,"agent_type":"person","is_normalised":1,"person_id":1667,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Serdar Kurnaz","free_first_name":"Serdar","free_last_name":"Kurnaz","norm_person":{"id":1667,"first_name":"Serdar","last_name":"Kurnaz","full_name":"Serdar Kurnaz","short_ident":"","is_classical_name":null,"dnb_url":" http:\/\/d-nb.info\/gnd\/1064112099","viaf_url":"","db_url":"","from_claudius":null,"link":"bib?authors[]=Serdar Kurnaz"}}],"entry_title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid","title_transcript":"","title_translation":"","main_title":{"title":"Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid"},"abstract":"According to the Sunn\u012b legal tradition, legal norms should be derived from the authoritative texts of the Qur\u02be\u0101n and Sunna. However, how exactly to derive such norms remains unclear, when no reference can be found to the matter at hand within these sources. The use of maq\u0101\u1e63id at this point might be a viable solution. Little attention, however, is paid to alternative approaches like the one of Ibn Rushd al-\u1e24af\u012bd (d 595\/1198), which is based on philosophical ethics. Ibn Rushd derives \u2018legal precepts\u2019 through analysing the most prominent legal verdicts of Islamic law that were passed by various madhhab. These precepts not only enabled scholars to resolve new legal problems by using ijtih\u0101d, they also shed new light on existing legal challenges. This article will analyse Ibn Rushd\u2019s legal hermeneutics in his Bid\u0101yat al-mujtahid by looking at the passages concerning sales of ritually pure (\u1e6d\u0101hir) goods and interest (rib\u0101).","btype":3,"date":"2019","language":"English","online_url":"","doi_url":"https:\/\/doi.org\/10.1093\/ojlr\/rwz006","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":1667,"full_name":"Serdar Kurnaz","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":4984,"journal_id":null,"journal_name":"Oxford Journal of Law and Religion","volume":"8","issue":"1","pages":"174\u2013205"}},"sort":["Ibn Rushd\u2019s Legal Hermeneutics and Moral Theory for a \u201cLiving Shar\u012b\u02bfa\u201d. An Alternative Approach to Islamic Law in Ibn Rushd\u2019s Bid\u0101yat al-Mujtahid"]}

{"_index":"bib","_type":"_doc","_id":"2036","_score":null,"_source":{"id":2036,"authors_free":[{"id":2476,"entry_id":2036,"agent_type":"person","is_normalised":1,"person_id":1615,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Ang\u00e8le Kremer Marietti","free_first_name":"Ang\u00e8le","free_last_name":"Kremer Marietti","norm_person":{"id":1615,"first_name":"Ang\u00e8le","last_name":"Kremer Marietti","full_name":"Ang\u00e8le Kremer Marietti","short_ident":"","is_classical_name":0,"dnb_url":"http:\/\/d-nb.info\/gnd\/133757242","viaf_url":"http:\/\/viaf.org\/viaf\/108823722","db_url":"","from_claudius":1,"link":"bib?authors[]=Ang\u00e8le Kremer Marietti"}}],"entry_title":"La pens\u00e9e libre d'Averro\u00e8s","title_transcript":null,"title_translation":null,"main_title":{"title":"La pens\u00e9e libre d'Averro\u00e8s"},"abstract":"With \u201cLa pens\u00e9e libre d\u2019Averro\u00e8s\u201d, I wished to join the important themes of Philosophy and Religion as they are joined in Averro\u00e8s\u2019 thought, against the most conservative elements within Muslim societies, which disliked what appeared to be non-Muslim influences. Ibn Rushd (Averro\u00e8s) wanted to encourage the study of philosophy, because he was sensitive to the increasing tensions that led to his banishment. Though written before his exile his DECISIVE TREATISE provides a defence for philosophers charged with unbelief. Therefore I took an interest in four approaches to Ibn Rusch\u2019s free thought. The first one was the distinction and relation between revelation and philosophy. Ibn Rushd\u2019s Decisive Treatise begins with the contention that Law commands the study of philosophy. Ibn Rushd based on some Quranic verses, such as \u201cReflect, you have a vision\u201d (59.2) and \u201cthey give thought to the creation of heaven and earth\u201d (3:191), that command human intellectual reflection upon God and his creation. Such obligation exists in religion, then a person who has the capacity of \u201cnatural intelligence\u201d and \u201creligious integrity\u201d must begin to study philosophy. Averro\u00e8s thought that philosophy could enlighten revelation, when this last might be difficult to be understood for human minds. The second point I treat is Averro\u00e8s\u2019s thought that written Law (scripture, in e. Qur\u2019an) and spoken law could be complementary each other. The Law speaks of three ways for humans to discover truth and interpret scripture: the demonstrative, the dialectical and the rhetorical. Therefore there are philosophers, theologians and the common masses. Ibn Rushd thought that demonstrative truth cannot conflict with scripture, because God gave various meanings and interpretations. Besides, the early Muslim community affirmed that scripture had both an apparent meaning and an inner meaning. Also, if it occurs that there is no consensus about a particular passage, its meaning is free for interpretation. My third point concerns the precise analysis of what is letter and what is spirit or \u201csense\u201d -as the contemporary philosophers ans phenomenologues think now- on the real meaning of this letter: the sense or the way that the letter must be understood. Finally may be joined the way of right thinking, or what could be the special form of procedure with its results. In the fourth point, I refer to another treatise, on the doctrine of God known as the EXPOSITION OF THE METHODS OF PROOF CONCERNING THE BELIEFS OF THE COMMUNITY. Ibn Rushd then wanted to examine the religious doctrines that are held by the public and to determine if any of the many doctrines expounded by the different sects were the intention of the \u201clawgiver\u201d. Meanwhile, he identified sects that have distorted the scriptures and developed innovative doctrines not compatible with Islam. Some arguments are examined: the first is the argument of Providence, in which one can observe that everything in the universe serves the purpose of humanity. The second is the argument of invention of plants and animals. Then he tried to explain the nature and attributes of God.","btype":3,"date":"2013","language":"French","online_url":null,"doi_url":null,"ti_url":null,"categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"},{"id":39,"category_name":"Theology","link":"bib?categories[]=Theology"}],"authors":[{"id":1615,"full_name":"Ang\u00e8le Kremer Marietti","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":2036,"journal_id":null,"journal_name":"Analecta Husserliana","volume":"114","issue":null,"pages":"371-382"}},"sort":["La pens\u00e9e libre d'Averro\u00e8s"]}

{"_index":"bib","_type":"_doc","_id":"1387","_score":null,"_source":{"id":1387,"authors_free":[{"id":1579,"entry_id":1387,"agent_type":"person","is_normalised":1,"person_id":779,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Abdelali Elamrani-Jamal","free_first_name":"Abdelali","free_last_name":"Elamrani-Jamal","norm_person":{"id":779,"first_name":"Abdelali","last_name":"Elamrani-Jamal","full_name":"Abdelali Elamrani-Jamal","short_ident":"","is_classical_name":0,"dnb_url":"http:\/\/d-nb.info\/gnd\/154697621","viaf_url":"https:\/\/viaf.org\/viaf\/7526121","db_url":"","from_claudius":1,"link":"bib?authors[]=Abdelali Elamrani-Jamal"}}],"entry_title":"Les lois religieuses (al-shar\u0101\u02bei\u02bf) dans l'\u00e9conomie du savoir selon Ibn Ru\u0161d","title_transcript":null,"title_translation":null,"main_title":{"title":"Les lois religieuses (al-shar\u0101\u02bei\u02bf) dans l'\u00e9conomie du savoir selon Ibn Ru\u0161d"},"abstract":null,"btype":3,"date":"2008","language":"French","online_url":null,"doi_url":null,"ti_url":null,"categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"}],"authors":[{"id":779,"full_name":"Abdelali Elamrani-Jamal","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":1387,"journal_id":null,"journal_name":"M\u00e9langes de l'Universit\u00e9 Saint-Joseph","volume":"61","issue":null,"pages":"581\u2013587"}},"sort":["Les lois religieuses (al-shar\u0101\u02bei\u02bf) dans l'\u00e9conomie du savoir selon Ibn Ru\u0161d"]}

{"_index":"bib","_type":"_doc","_id":"1426","_score":null,"_source":{"id":1426,"authors_free":[{"id":1621,"entry_id":1426,"agent_type":"person","is_normalised":1,"person_id":1331,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Daniel Heller-Roazen","free_first_name":"Daniel","free_last_name":"Heller-Roazen","norm_person":{"id":1331,"first_name":"Daniel","last_name":"Heller-Roazen","full_name":"Daniel Heller-Roazen","short_ident":"","is_classical_name":0,"dnb_url":"http:\/\/d-nb.info\/gnd\/134084187","viaf_url":"http:\/\/viaf.org\/viaf\/76597876","db_url":"","from_claudius":1,"link":"bib?authors[]=Daniel Heller-Roazen"}}],"entry_title":"Philosophy before the Law. Averro\u00ebs's Decisive Treatise","title_transcript":"","title_translation":"","main_title":{"title":"Philosophy before the Law. Averro\u00ebs's Decisive Treatise"},"abstract":"","btype":3,"date":"2006","language":"English","online_url":"https:\/\/www.jstor.org\/stable\/41959085","doi_url":"","ti_url":"","categories":[{"id":39,"category_name":"Theology","link":"bib?categories[]=Theology"},{"id":26,"category_name":"Law","link":"bib?categories[]=Law"},{"id":47,"category_name":"Relation between Philosophy and Theology","link":"bib?categories[]=Relation between Philosophy and Theology"}],"authors":[{"id":1331,"full_name":"Daniel Heller-Roazen","role":1}],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":1426,"journal_id":null,"journal_name":"Critical Inquiry","volume":"32","issue":"3","pages":"412\u2013442"}},"sort":["Philosophy before the Law. Averro\u00ebs's Decisive Treatise"]}

{"_index":"bib","_type":"_doc","_id":"5290","_score":null,"_source":{"id":5290,"authors_free":[{"id":6109,"entry_id":5290,"agent_type":"person","is_normalised":null,"person_id":null,"institution_id":null,"role":{"id":1,"role_name":"author"},"free_name":"Shawn Welnak","free_first_name":"Shawn","free_last_name":"Welnak","norm_person":null}],"entry_title":"The Discoverer of Being: Law or Philosophy?","title_transcript":"","title_translation":"","main_title":{"title":"The Discoverer of Being: Law or Philosophy?"},"abstract":"","btype":3,"date":"2014","language":"English","online_url":"","doi_url":"","ti_url":"","categories":[{"id":26,"category_name":"Law","link":"bib?categories[]=Law"},{"id":65,"category_name":"Ontology","link":"bib?categories[]=Ontology"}],"authors":[],"works":[],"republication_of":null,"translation_of":null,"new_edition_of":null,"book":null,"booksection":null,"article":{"id":5290,"journal_id":null,"journal_name":"Revue acad\u00e9mique Les Cahiers de l\u2019Islam","volume":"1","issue":"","pages":"65\u201388"}},"sort":["The Discoverer of Being: Law or Philosophy?"]}