By Krieger M.H.
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Extra resources for Constitutions of matter
Example text
11 On the one hand, this principle of state positivism, as further argued by Cammack, rejects the authority of any law with a source outside the state unless it has been expressly adopted and given the force of law by the state. 1 Views on Islam-state relations and perceptions of shari‘a Views on Islam-state relationships Legal Codes Principal Values Integration Dissonance N/a Unequal Differentiation Dissonance N/a Equal Differentiation N/a Consonance Separation N/a Consonance state entities, such as local courts or merchant groups.
Both the goals of shari‘a and state were similar. e. shari‘a) for the survival of the umma. As Rosenthal explained, The reforming zeal of Ibn Taymiyya was aimed at full restoration of the shari‘a to secure the survival of Islam. . [He] even went so far as to deny the necessity of the imama [caliphate] by concentrating on the rule of the divine law. By going back to the Sunna and also by administrative reform, he tried to restore the shari‘a to its full authority and efficacy. . 21 Henceforth, given that the integration of the umma could not be achieved politically, it had to be achieved religiously.
21 Henceforth, given that the integration of the umma could not be achieved politically, it had to be achieved religiously. 22 Another explanation regarding the shift is supplied by Ira M. Lapidus, a renowned historian of Islamic societies. 24 20 Chapter 2 The differentiation began first when the Umayyad dynasty (661–750) gained power. 25 Second, the emergence of the Muslim schools of law (madhhabs) 26 in the eighth and ninth centuries was important in the development of a religious life independent from the caliphate.