نوع مقاله : پژوهشی اصیل
نویسندگان
1 دکتری مردم شناسی، دانشکده علوم اجتماعی، دانشگاه تهران، تهران، ایران.
2 کارشناسی ارشد تاریخ اسلام، دانشکده ادبیات و علوم انسانی، تهران، ایران.
کلیدواژهها
موضوعات
عنوان مقاله English
نویسندگان English
In this article through the Anthropological analysis, I aim at showing the nascent Muslim society, was composed of two legal agencies. The prophetic agency and the tribal agency. The Prophetic agency believed the exclusive lawgiver of Islam, is the Prophet. The tribal agency were the Arabs who followed the Prophet in his territory because of his dominant power. Their commitments to the Prophet and his practices were such a traditional loyalty to the chief of tribe, not a faithful subordination. Muhammad’s Sunna as a community leader and his successor’s sunan as the chief of the community were almost in the same level in the context of tribal culture. The variation of views on the sources of Islamic law and legitimate legislature developed two different legal logics (Usul Al-Fiqh). For the prophetic agency the legislate interpretations and sanctions must ascribe to the Prophet. According to the tribal culture, the collective minds (ijma) and the rational legal thinking (Ra’y) were the logic of customary law. Hence, the “attribution logic” and “rational logic” were the base of formation of different Islamic legal schools in the next decays.
کلیدواژهها English
