MUSLIMANSKI PRAVNICI I „KVARENJE VREMENA“: INSTRUMENTI USKLAĐIVANJA PRAVA I STVARNOSTI U FIKHU - istraživacka bilješka -
MUSLIM JURISTS AND „THE CORRUPTION OF TIMES“: INSTRUMENTS OF BRINGING INTO ACCORD LAW AND REALITY IN FIQH (Research note)

Summary/Abstract: One of the main challenges facing every legal system is how to bring into accord norm and reality. Islamic legal system confronted this challenge during the period of decadence. Muslim jurists realized that they have to interpret and implement ideal norm in a decadent world. Studying the methodology developed by Muslim jurists one can find three instruments identified by Henry S. Maine in the case of ancient laws -fictions, concept of equity and state legislation-for bridging the gap between ideals and reality.

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