Paprotys kaip teisės šaltinis Islamo teisės tradicijoje

Translated title of the contribution: Custom as legal source in Islamic legal tradition

Research output: Contribution to journalArticle

Abstract

Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others ar discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.

Original languageLithuanian
Pages (from-to)169-174
Number of pages6
JournalLogos (Lithuania)
Issue number83
Publication statusPublished - 2015

Fingerprint

Koran
sharia
Western world
lawyer
Legal Sources
Muslim
Law
Primary Source
Sharia
Sunna
Quran

ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Cultural Studies

Cite this

Paprotys kaip teisės šaltinis Islamo teisės tradicijoje. / Valčiukas, Juozas.

In: Logos (Lithuania), No. 83, 2015, p. 169-174.

Research output: Contribution to journalArticle

@article{8893e39d5d92419b8ab5578630404709,
title = "Paprotys kaip teisės šaltinis Islamo teisės tradicijoje",
abstract = "Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others ar discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.",
keywords = "Custom, Fiqh, Islamic law, Legal source, Sharia",
author = "Juozas Valčiukas",
year = "2015",
language = "Lithuanian",
pages = "169--174",
journal = "Logos (Lithuania)",
issn = "0868-7692",
publisher = "Visuomenine organizacija {"}LOGOS{"}",
number = "83",

}

TY - JOUR

T1 - Paprotys kaip teisės šaltinis Islamo teisės tradicijoje

AU - Valčiukas, Juozas

PY - 2015

Y1 - 2015

N2 - Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others ar discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.

AB - Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others ar discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.

KW - Custom

KW - Fiqh

KW - Islamic law

KW - Legal source

KW - Sharia

UR - http://www.scopus.com/inward/record.url?scp=84937057399&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84937057399&partnerID=8YFLogxK

M3 - Article

SP - 169

EP - 174

JO - Logos (Lithuania)

JF - Logos (Lithuania)

SN - 0868-7692

IS - 83

ER -