نوع مقاله : مقاله پژوهشی
دکترای تاریخ اسلام دانشگاه تهران
عنوان مقاله [English]
The Emergence of modernity in the Islamic world, has been followed by many challenges. The Muslim traditionalists resisted against it and this controversy has taken place endlessly up to the present. One of the areas of challenge in this regard is Islamic jurisprudence. The discourse of modernity tried to use western law (civil or common) in Islamic societies; In contrast with modernists, traditionalists, while believed in the ability of Islamic jurisprudence in Islamic history, opposed them. The intense pressure of the discourse of modernity and the requirements of the times, forced the traditionalist discourse to investigate possible solutions and they found the solution in codification of Islamic Jurisprudence which caused to keep the Islamic character of the society, on the one hand, and develop the “Comparative Approach” in Islamic Jurisprudence, on the other hand. The present study is aimed at investigating the first attempts to codify the Islamic Jurisprudence and its effects through the historical approach and analysis of the written sources.