From Norm Evaluation to Norm Construction
نویسندگان
چکیده
This study examines the issue of norm construction in al-Ghazālī’s thought focusing on grounds advanced to support his radical infallibilist position. To fulfill such end, al-Ghazālī, I explain, relies two types arguments, first one relates presumptive nature legal texts order highlight their fundamental indeterminacy and second links interpreter show impossibility fall into error. buttress these al-Ghazālī both draws epistemological principles metaethical ones. As it will be shown study, ultimately explains divergence interpretation norms using concept ṭabʿ (nature, disposition or appetitive self) drawing well-known relativist ethical theory concerning evaluation therefore brings a unique way this typical feature Ashʿarism within own construction. The allows bridge gap between ambiguity revealed text mujtahid’s process, serves justify ex post choices made by mujtahid. In doing so, assigns theology critical role revealing origin illusion jurists who naively think that licit illicit are qualities things themselves.
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ژورنال
عنوان ژورنال: Journal of Arabic and Islamic Studies
سال: 2022
ISSN: ['0806-198X']
DOI: https://doi.org/10.5617/jais.9373