The majority principle in Islamic legal and political thought
This article studies the concepts of ijmā, al‐sawād al‐a am, jumhūr, al‐tarjī bi‐al‐kathra and legal maxims al‐qawaid al‐fiqhiyya at some length and relates them to the majority principle. These concepts represent a rich field of legal rules, principles and opinions, and the study has found that mos...
| Main Author: | |
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| Format: | Electronic/Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Routledge
2004
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| In: |
Islam and Christian-Muslim relations
Year: 2004, Volume: 15, Issue: 2, Pages: 237-256 |
| Further subjects: | B
Law
B Islam B Religion B Politics |
| Online Access: |
Volltext (doi) |
| Summary: | This article studies the concepts of ijmā, al‐sawād al‐a am, jumhūr, al‐tarjī bi‐al‐kathra and legal maxims al‐qawaid al‐fiqhiyya at some length and relates them to the majority principle. These concepts represent a rich field of legal rules, principles and opinions, and the study has found that most—if not all—of them could strengthen the case for the legitimization of the majority principle in Islamic political thought and decision‐making processes. The article also considers Islamic political thought in relation to popular sovereignty, equality, popular consultation and the adoption of majority decisions by all the participants in political processes. While it is by no means conclusive, the article clearly favors the adoption of the majority principle—alongside other principles validated in Islam—in shūratic processes in an Islamic state. |
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| ISSN: | 0959-6410 |
| Contains: | In: Islam and Christian-Muslim relations
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| Persistent identifiers: | DOI: 10.1080/0959641042000192819 |