Araştırma Makalesi

İslam Hukukunun Doğasına Klasik Oryantalist Bir Bakış: N. J. Coulson Örneği

A Classical Orientalistic Approach to the Nature of Islamic Law: the Case of N. J. Coulson

Öz

The fundamental theoretical basis of classical orientalistic discourse can be traced back to the Western positivist social theories which describe the ‘East’ or the ‘other’ as an irrational. And it idealizes the ‘West’ as a rational one. This generalizing and subjective approach which is the dominant characteristic of the positivistic social theory had an influence on the classical orientalistic approach to Islamic law. This article tries to critisize this orientalistic approach which is impressed by above mentioned theoretical perspective to the nature of Islamic law by taking N. J. Coulson as a representative figure. In line with his orientalist predecessors he character-ises Islamic law with some conflicts and tensions. Such as conflicts and tensions between revelation and reason, change and stabilitiy and idealism and realism etc. This west-oriented subjective orientalistic approach constructed an Islamic law imagination which has an idealistic nature. Accordingly in it’s historical process it never adapted itself –after it’s formation period- to the social changes. In this article, these orientalistic arguments which do not appropriate with the historical reality of Islamic law will be critisized.
The fundamental theoretical basis of classical orientalistic discourse can be traced back to the Western positivist social theories which describe the ‘East’ or the ‘other’ as an irrational. And it idealizes the ‘West’ as a rational one. This generalizing and subjective approach which is the dominant characteristic of the positivistic social theory had an influence on the classical orientalistic approach to Islamic law. This article tries to critisize this orientalistic approach which is impressed by above mentioned theoretical perspective to the nature of Islamic law by taking N. J. Coulson as a representative figure. In line with his orientalist predecessors he character-ises Islamic law with some conflicts and tensions. Such as conflicts and tensions between revelation and reason, change and stabilitiy and idealism and realism etc. This west-oriented subjective orientalistic approach constructed an Islamic law imagination which has an idealistic nature. Accordingly in it’s historical process it never adapted itself –after it’s formation period- to the social changes. In this article, these orientalistic arguments which do not appropriate with the historical reality of Islamic law will be critisized.

Detaylar

Sayı
Cilt: 2, Sayı: 3, Kış 2002
Geliş Tarihi
30.08.2002
Kabul Tarihi
12.12.2019
Yayın Tarihi
31.12.2002
Dergi Bölümü
Araştırma Makalesi
Bilim dal(lar)ı
Temel İslam Bilimleri,
İslam Hukuku

Nasıl Atıf Yapılır

Kılıç, Muharrem. “İslam Hukukunun Doğasına Klasik Oryantalist Bir Bakış: N. J. Coulson Örneği”. Marife 2/3. 31 Aralık 2002. 123-134. https://doi.org/10.5281/zenodo.3343247.
Özet Görüntüleme: 12
PDF İndirme: 7

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