Islamic Legal Theory and the Modern Human Context
The paper tries to examine the relevance of the Islamic Legal Theory usual al-Fiqh to modern Humanities. While the scope of study may seem wide, the paper tries to confine its interval of inquiry to the relationship of Islamic legal Theory with Sociology and Psychology. The paper will begin fist with a brief highlight on the nature a purpose of Islamic Legal theory. The Human dimension embedded in this theory will be disclosed to show the inherent Human nature of Usul al-Fiqh. The study will venture into some thorny areas of comparison such as the religious roots of modern Human Sciences. The issue whether the Islamic religion is a social phenomenon, or social phenomena are inherent in the Islamic religion, will be thoroughly studied both from religious and Human perspectives. In the second part of the paper, the study addresses two areas where Islamic Legal Theory crosses with Human Sciences, one is custom in Sociology and second is the cognitive abilities of human being in Developmental Psychology. The study will highlight that 'custom', considered primitive by English Law, is very vital in the enactment of Islamic Law in modern legislature across the Muslim world. Similarly, the Islamic legal precepts such as the legal age associated with active legal capacity ahliyyat al-ada' will be examined according to modern theories of developmental Psychology that have shed some light on the relationship between the age and legal capacity in any system of Law.
Keywords: Social Sciences, Legal Theory, Religion, Islam, Custom, Cognitive Abilities, Developmental Psychology, Legal Capacity
Dr. Younes Soualhi
Assistant Professor/ Deputy Director, Faculty of Islamic Revealed Knowledge and Human Sciences. International Students Office, International Islamic University Malaysia