Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law

Studying the works of medieval Qur'anic exegetes reveals that they explored approaches to interpreting the Qur'an based on the contextualization of Qur'anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality,...

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Main Author:	Zakariyah, Luqman
Format:	Article
Language:	English
Published:	Association of Muslim Social Scientists 2013
Subjects:	KBP1 Islamic law.Shariah.Fiqh PJ6073 Language
Online Access:	http://irep.iium.edu.my/33666/ http://irep.iium.edu.my/33666/ http://irep.iium.edu.my/33666/1/Textuality.pdf

id	iium-33666
recordtype	eprints
spelling	iium-336662015-04-13T02:56:31Z http://irep.iium.edu.my/33666/ Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law Zakariyah, Luqman KBP1 Islamic law.Shariah.Fiqh PJ6073 Language Studying the works of medieval Qur'anic exegetes reveals that they explored approaches to interpreting the Qur'an based on the contextualization of Qur'anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawa'id fiqhiyah) from Qur'anic exegesis. It explores a number of relevant Qur'anic exegeses and synthesizes how Muslim exegetes view the use of textuality with regard to the development of Islamic legal maxims. This article also notes that legal maxims codified by this approach are potentially subject to exception when applied to Islamic criminal law, although, as this article ultimately explains, the basic rule may be static. I also examine the claim that legal maxims codified directly from the sacred texts are unquestionable. This article concludes that the remit of legal maxims codified from textual revelations be done so directly or indirectly, however,, this does not preclude their actual application from scrutiny. Association of Muslim Social Scientists 2013 Article PeerReviewed application/pdf en http://irep.iium.edu.my/33666/1/Textuality.pdf Zakariyah, Luqman (2013) Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law. American Journal of Islamic Social Sciences, 30 (1). pp. 22-47. ISSN 0742-6763 http://www.amss.org/AJISS/AJISSMissionStatement.aspx
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh PJ6073 Language
spellingShingle	KBP1 Islamic law.Shariah.Fiqh PJ6073 Language Zakariyah, Luqman Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
description	Studying the works of medieval Qur'anic exegetes reveals that they explored approaches to interpreting the Qur'an based on the contextualization of Qur'anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawa'id fiqhiyah) from Qur'anic exegesis. It explores a number of relevant Qur'anic exegeses and synthesizes how Muslim exegetes view the use of textuality with regard to the development of Islamic legal maxims. This article also notes that legal maxims codified by this approach are potentially subject to exception when applied to Islamic criminal law, although, as this article ultimately explains, the basic rule may be static. I also examine the claim that legal maxims codified directly from the sacred texts are unquestionable. This article concludes that the remit of legal maxims codified from textual revelations be done so directly or indirectly, however,, this does not preclude their actual application from scrutiny.
format	Article
author	Zakariyah, Luqman
author_facet	Zakariyah, Luqman
author_sort	Zakariyah, Luqman
title	Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
title_short	Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
title_full	Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
title_fullStr	Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
title_full_unstemmed	Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
title_sort	textuality as a linguistic mechanism for codifying legal maxims in islamic criminal law
publisher	Association of Muslim Social Scientists
publishDate	2013
url	http://irep.iium.edu.my/33666/ http://irep.iium.edu.my/33666/ http://irep.iium.edu.my/33666/1/Textuality.pdf
first_indexed	2023-09-18T20:48:40Z
last_indexed	2023-09-18T20:48:40Z
_version_	1777409847068721152

Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law

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