Document Type : Research Paper
Authors
1
Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Visiting Professor, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran and Professor of Law at Shiraz University, Shiraz, Iran.
3
Visiting Professor, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran and Professor of Law at Shahid Beheshti University, Tehran, Iran.
Abstract
In light of the evolving nature of modern legal systems, certain aspects of Islamic law, such as the khums (one-fifth tax) and zakāt (alms tax), as well as discussions surrounding taxation and gender equality, have sparked debates within the realm of Islamic jurisprudence. This research aims to propose a suggestion that could potentially facilitate the rational integration of Islamic law with a Muʿtazilite approach, fostering greater compatibility between Islamic law and the legal requirements of public law in contemporary political communities. By focusing on the concepts of "rationality" and "human will," which hold paramount importance in Qāḍī ʿAbd al-Jabbār al-Muʿtazilī's theory, we aim to provide a legal and positive interpretation of the elements of his justice theory. This perspective may facilitate the coexistence of Islamic legal principles and the enacted regulations of modern legal systems.
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