This thesis examines the state of Islamic law in the modern context as perceived by the Muslim scholar Abdullahi an-Na`im, assessing its suitability for contemporary society, with particular emphasis upon its relationship to international human rights standards. The first part of this work reviews the impact of the nation-state upon the current international structure and then considers Islamic law as it was classically conceived and developed. The focus of this discussion addresses the importance of clear and definite texts in the Qur'an and the roles of ijtihad and naskh in us&dotbelow;ul al-fiqh, exploring the dimensions of flexibility and change allowed in this system. The second part involves an investigation of the development of international human rights standards and provides an appraisal of their authority and validity by which the Shari'a is today judged. The areas in the Shari'a that are seen to conflict with these modern standards, specifically the status of women and non-Muslims, and criminal punishment, are examined. Finally, the methodology for the reform of Islamic law proposed by an-Na'im is then evaluated, with due consideration given to the importance of hermeneutics and historical context. The value given to the difference between the Meccan and Medinan verses for the construction of a new understanding of the Qur'an within the framework of legal methodology is presented, as are the methodological tools that an-Na'im employs for modern legal reform.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.32908 |
| Date | January 2001 |
| Creators | Erwin, Courtney Paige. |
| Contributors | Hallaq, Wael (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001846174, proquestno: MQ75225, Theses scanned by UMI/ProQuest. |
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