Adaptation of a Jurists' Law to Modern Times in an Alien Environment: The Case of the Shari'a in Israel

Adaptation of a Jurists' Law to Modern Times in an Alien Environment: The Case of the Shari'a in... aharon layish 168 © Koninklijke Brill NV, Leiden, 2006 Die Welt des Islams 46, 2 Also available online – www.brill.nl ADAPTATION OF A JURISTS’ LAW TO MODERN TIMES IN AN ALIEN ENVIRONMENT: THE CASE OF THE SHAR µ { A IN ISRAEL 1 BY AHARON LAYISH Jerusalem In memoriam Dr. Immanuel Naveh 1. Introduction The title of this essay may sound strange, if not disturbing, to a person for whom the conception of jurists’ law constitutes a basic tenet of personal belief. The Q¸¤º A¥mad N¸«¢r, President of the Sharº{a Court of Appeal, for instance, has expressed the opinion that the sharº{a is not required to adapt itself to changes of time and place since it is, in his terms, appropriate for all times and places, 2 and his judgments conform to this view. 3 This 1 I am grateful to his honor, the Q¸¤º A¥mad N¸«¢r, President of the Sharº{a Court of Appeal, for the generous help extended to me during all stages of writing this article. I am especially indebted to him for detailed and penetrating com- ments on an earlier draft of this essay. While respecting his religious sensibilities to the topic under review, my http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Die Welt des Islams Brill

Adaptation of a Jurists' Law to Modern Times in an Alien Environment: The Case of the Shari'a in Israel

Die Welt des Islams, Volume 46 (2): 168 – Jan 1, 2006

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Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0043-2539
eISSN
1570-0607
D.O.I.
10.1163/157006006777896867
Publisher site
See Article on Publisher Site

Abstract

aharon layish 168 © Koninklijke Brill NV, Leiden, 2006 Die Welt des Islams 46, 2 Also available online – www.brill.nl ADAPTATION OF A JURISTS’ LAW TO MODERN TIMES IN AN ALIEN ENVIRONMENT: THE CASE OF THE SHAR µ { A IN ISRAEL 1 BY AHARON LAYISH Jerusalem In memoriam Dr. Immanuel Naveh 1. Introduction The title of this essay may sound strange, if not disturbing, to a person for whom the conception of jurists’ law constitutes a basic tenet of personal belief. The Q¸¤º A¥mad N¸«¢r, President of the Sharº{a Court of Appeal, for instance, has expressed the opinion that the sharº{a is not required to adapt itself to changes of time and place since it is, in his terms, appropriate for all times and places, 2 and his judgments conform to this view. 3 This 1 I am grateful to his honor, the Q¸¤º A¥mad N¸«¢r, President of the Sharº{a Court of Appeal, for the generous help extended to me during all stages of writing this article. I am especially indebted to him for detailed and penetrating com- ments on an earlier draft of this essay. While respecting his religious sensibilities to the topic under review, my

Journal

Die Welt des IslamsBrill

Published: Jan 1, 2006

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