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Jurodynamics Of Islamic Law, Ali Khan
Jurodynamics Of Islamic Law, Ali Khan
Ali Khan
Abrogation is a classical concept of Islamic law, which allows jurists to organize the normative complexity of divine texts. As a rule of temporality, abrogation invalidates prior rules found incompatible with subsequent rules. By stretching the rule, critics and reformers of Islamic law wish to abrogate substantial portions of the Quran and the Prophet's Sunnah. This methodology of modernizing Islamic law secures no following in the Muslim world, which jealously defends the integrity of divine texts. Jurodynamics of Islamic law offers a sophisticated methodology, which respects the integrity of divine texts, retains the jurisprudential heritage of past centuries, but at …
Temporality Of Law, Ali Khan
Temporality Of Law, Ali Khan
Ali Khan
Temporality is an integral part of law. But legal commentary offers no analytical model to probe the fusion of law and temporality. This study proposes such a model and presents the four general principles of law's temporality. First, the principle of temporal correlation yields legally significant inferences. Although temporality per se is not the agent of change, events that occur within a short duration of time are presumed to be causally related. Second, the principle of temporal inertia carries the dynamics of normative change and stability. It illustrates the doctrine of precedent and prohibitive injunctions as manifestations of temporal inertia. …
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Ali Khan
The Islamic law of speech diversity recognizes two distinct divine rights, one applying to speech communities and the other to individuals. The divine right to language allows each speech community to preserve and celebrate its native language free of coercion and disrespect from other speech communities. Native languages are the assets of speech communities. The Islamic law prohibits coercive degradation of native languages but at the same time it interposes no barriers in learning other languages. Closely related to the right to language is the divine right to individual self-expression or self-determination. Each human being is unique because God, the …