Genealogy and the Strategies of the Innovation Discourse in Islamic Law
Subject Areas : Journal of Law and Politics
1 - Assistant Professor of Law, Faculty of Law and Political Science, Karaj Branch, Islamic Azad University, Alborz, Iran. jalali.hosein.53@gmail.com
Keywords: modernity law, Islamic law, innovation, Genealogy,
Abstract :
The effects of widespread social changes in private and social lives of human beings made it more and more necessary to reform the laws in accordance with these changes. These reforms are presented in the form of innovation discourse in Islamic law. Accordingly, the present research was carried out for genealogy and to present the strategies of the innovation discourse in Islamic law by Laclau and Mouffe's discourse theory. The research results showed that the innovation discourse in Islamic law dismisses some signifiers of both philosophical and theological discourses and legal discourse in modernity, breaks down their structure, and uses some of their signifiers in a new structure. The signifiers of this discourse, simultaneous attention to the changing and fixed areas of law, promotion of attraction and effectiveness of law, the requirements of national and international society, the priority of subject scholarship to discovering the sentence, innovation while preserving the bases of Islamic law, and considering rational, consensual, and traditional sources are pivotal factors alongside text. A search in genealogy of different Islamic sciences including speech, principles, and the philosophy of jurisprudence proves them to be some abundant capital which in turn shows the necessity of paying attention to time and place conditions and legal innovations. Genealogical stages, understanding the environment with respect to the economy of power, passing through obstacles and challenges, paying attention to innovation sources, preparation, putting sources together, developing an efficient law, performance, the feedback of ...
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