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

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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

10.1163/ej.9789004194359.i-386.62
/content/books/10.1163/ej.9789004194359.i-386.62
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