By Mairaj U. Syed
An exam of the way Muslim students from 4 colleges of legislation and theology debate the moral concerns that coercion generates while contemplating a person's ethical business enterprise and accountability in situations of speech acts, rape, and homicide. It proposes a brand new version for analysing moral idea and compares Islamic with Western inspiration at the comparable cases.
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Additional resources for Coercion and responsibility in Islam : a study in ethics and law
Sometimes the internal constraints are not explicitly acknowledged and remain implicit in the practices of reasoning within a given tradition. For example, Ḥanafite coercion jurisprudence is starkly constrained by the core coercion laws articulated by the founding fathers of the tradition, even though Ḥanafite legal theory largely locates the authority of the tradition in scripture. What is important here is not whether a constraint is acknowledged by the practitioners within a tradition but how powerfully it explains the features of a given scholar’s argumentation on an issue or the development of reasoning within a tradition on a problem over time.
36 35 This way of thinking about how constraint generates and explains the character of reasoning, especially within a tradition, is indebted to Robert Brandom’s inferentialist philosophy of rationality. 1 (2013). 36 We may conceptualize the source of this implicit norm that constrained the Ḥanafites to follow the received laws of the tradition in different ways. Perhaps it is a feature of all legal systems, which, all things being equal, tend to encourage following precedent, or deference to authority.
8. 8 The Muʿtazilites’ commitment to God’s justice both constrained their theology and generated much of it. The position that God’s justice requires that He charge agents only with acts that they are capable of doing and regarding which they have free choice motivated the construction of a rich conceptual picture of what capability and free choice look like. The 6 Shashdīw Mānkdīm, Sharḥ al-Uṣūl al-Khamsa, ed. Samīr Muṣṭafā Rabāb, 1st ed. 17–18. 4. 8 See al-Ḥākim al-Jishumī, Taḥkīm al-ʿUqūl fī Taṣḥīḥ al-Uṣūl, ed.