Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legal Doctrines, Historical Contexts And Moral Visions: The Case Of Sectarians In The Courts Of Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The purpose of this survey is to scrutinize the nuances of these doctrines and to gain some insight into their legal reasoning. The central theme of this study is thus. First, the case of the sectarian's testimonies in the courts of law illustrates that in some cases legal doctrine is an outcome of profound social change. Secondly, legal doctrines are shaped by the underlying moral assumptions of the jurists that articulated them. The last part of this study examines the underlying moral views of each of these legal trends.The historical fact that the sects appeared after the death of the Prophet, and the lack of hadith about sectarians, all tended to create a situation in which the discussion about the legal doctrine pertaining to sectarians was not based on scripture.

Keywords: courts of law; doctrines; historical fact; Sectarians



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Islamic Scholarly Tradition — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation