The author argues most cogently that the Islamic Shari’a is a social construct shaped by the prevailing norms and sustained through the subsequent centuries as a means for sharing and preserving significant information about God, man, and life.
This work establishes, through examination of primary and secondary literature, that Islamic law is a corpus of accretive ascription fundamentally informed by authoritative precedents and practically preserved in the adaptive oral discourse. The transformed legal tradition, while aspiring to keep the connection between the past (Qur’an and Sunnah) and present (ijtihadic opinions), has remained dependant on orality which ascertained the preservation of the singularly specific and characteristic traits of each school of thought.
About the Author
AHMED E. SOUAIAIA is a Professor at the University of Iowa with joint appointments in International Studies, Religious Studies, & College of Law.
In his current position, Professor Souaiaia teaches Islamic law, women in Islam and the Middle East, human rights law, religion and politics, religion in the public sphere, and Introduction to Islamic civilization.
Title: The function of orality in Islamic law and practices : verbalizing meaning
Author: Ahmad Souaiaia
Publisher: E. Mellen Press
Pub. Date: 2012/12/26