ISLA 200 Lecture Notes - Lecture 14: Tazir, Hudud, Legal Culture
20 Nov 2015
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Document Summary
What is islamic law? interpretations of jurists existing precedent if comes from pre-islamic times cultural environment idiosyncrasies of diff. jurists (rep. sm. pt) external influences from arabia customary law interpretive community. Criminal law: prescribed (5 hudud), descretionary (ta"zir) given to judge or head of state. Axial age: 800-200 bc process in which distinct cultures emerged rise of urban mercantile economy and money, improvement of trade routes rise of monotheism and universalist religions v. more tolerant polytheism (islam and. Fertile crescent was a crossroads b/w the two empires. Zoroastrianism, christianity, and judaism had a presence in arabia (zandaqa, comes from middle persian, refers to manichaeans) Muhammad did not have state until go to medina and there he is head of state. Arabia trade, but don"t know how important trade was to arabia not as backward as usually presented in sources mining (gold and silver) industry carbon-dating shows mines from pre-islamic period.
