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  • 黒田 美代子
    日本中東学会年報
    1998年 13 巻 419-432
    発行日: 1998/03/31
    公開日: 2018/03/30
    ジャーナル フリー
    なお編集委員会より筆者が<イスラームの経済>とした研究部門は,正確には<イスラームの社会と経済>研究班であるという訂正があった。筆者の指摘とはむしろ反対で,「いわゆるイスラーム経済の分析ではなく,(まったく無関係ではありませんが),イスラーム世界における資源や水,ODAやNGOなどが研究対象だと聞いております」との申し添えがあった。しかし<イスラームの社会と経済>のうち社会を省けば,残りはまさに<イスラームの経済>であり,特に訂正の必要があるとは思えない。ひとはそこにイスラーム的な経済研究を期待するのは当然ではないだろうか。イスラーム世界の資源,水を研究するには,どうもこのタイトルはおかしいのではないか。イスラームのODAやNGOなど奇妙なものがこのタイトルに入るのは,いかがなものであろうか。名が体を現していない事態は,現在のわれわれの研究部門にはつきもののようである。筆者の真意は,きちんとタイトル通りの研究が実践されることが望ましいという意味であり,現状のなんたるかを読者に明示する上でこの種の行き違いも有益な情報であろう。このような経過から,あえて原文の訂正はしない。
  • 2014年 臨川書店 276+xxxiiiページ
    岩﨑 葉子
    アジア経済
    2015年 56 巻 1 号 138-143
    発行日: 2015/03/15
    公開日: 2022/08/24
    ジャーナル フリー
  • 柳橋 博之
    法制史研究
    2004年 2004 巻 54 号 81-113,en13
    発行日: 2005/03/30
    公開日: 2010/05/10
    ジャーナル フリー
    Roughly speaking, studies on Islamic law in the West have been centered around four theses advanced or elaborated by Joseph Schacht (1902-69), represented, among others, in his two monographs, The Origins of Muhammadan Jurisprudence (1950) and Introduction to Islamic Law (1964).
    First, the formation of Islamic law was a slow process in which the precepts of the Qur'an were gradually extended to cover the subject matters that they do not explicitly cover. In the first centuries of Islam, the popular practice and the Umayyad administrative regulations provided the materials for the nascent Islamic law.
    Second, in the first half of the eighth century, "the ancient schools of law" were formed in a number of centers of jurisprudence. They represented the average doctrine of each region, but it did not take long before the doctrines were projected back to several past authorities of jurisprudence. This phenomenon preceded the formation of personal schools of law, which were characterized by the adherence to a particular authority.
    Third, the process of projecting back of doctrine to the past authorities culminated in the fabrication of a large number of the Prophetic hadith (words and deeds of the Prophet), which were finally regarded as second only to the Qur'an as the basis of Islamic law.
    Fourth, once brought to perfection by the tenth century, Islamic law suffered no substantial change in the following millennium, which phenomenon was known as "the closing of gate of ijtihad (independent reasoning)."
    Recent studies based on a large number of sources published in the last twenty years and manuscripts that have become accessible to students of Islamic studies have modified these theses. As for the first thesis, recent studies have clarified in details the process during which individual rules were formed in the first two centuries of Islam. Regarding the second thesis, the problem of transition from the regional school to the personal school has been discussed based on the analysis of different kinds of sources, such as biography or works of positive law. The third thesis concerning the authenticity of the Prophetic sunna did not cease to be one of the most disputed subjects of Islamic law. The fourth thesis is no longer maintained, particularly after Wael B. Hallaq published a number of important treaties that shed light on the elaboration of science of theoretical bases of Islamic law.
    It should be noted that many studies have been undertaken that are focused on the relationship between Islamic law and the medieval and modern Islamic societies.
    In Japan, it was not until the middle of the eighties that study of Islamic law was undertaken on the basis of the original texts, although a few historians had used sporadically legal sources. Now a number of legal texts or works related to Islamic law have been translated into Japanese, such as the Shìhs of al-Bukhari (1993-94) and Muslim b. H ajjaj (1998), The Ordinances of Government of al-Mawardi (1981-89, of which a revised edition will appear in a couple of years), al-Raw d al-murbi' of the Hanbali jurist al-Bahutì (2002-) and Ma'alim al-din wa-maladh al-mujtahidin of the Shi'i jurist Ibn Zayn al-Din (1985).
    A History of Islamic Law of HORII Satoe (2004) is the first work in Japanese that deals with the development of the law since its formation in the seventh century up to the present day. It deserves to be mentioned because it assigned a large portion to the legal development since the tenth century, when Islamic law was brought to perfection with the four Sunni schools of law being established. Few scholars are specialized in the theoretical foundation of law (u s ul al-fiqh), but studies by Wael B.Hallaq and 'Abd al-Wahhab Khallaf have been translated.
  • 大塚 和夫
    宗教研究
    2004年 78 巻 2 号 617-642
    発行日: 2004/09/30
    公開日: 2017/07/14
    ジャーナル フリー
    今日、世俗化論に対しては、理論面・実証研究面の双方において、さまざまな批判的検討がなされている。だがそれらの議論のうち、イスラームの事例を含むものは少ない。本稿はエジプトなどのアラブ・スンナ派世界の事例を中心に、イスラーム研究の立場から世俗化論を再検討することを目的とする。本論は、大きく二つの章に分けられる。前半は世俗化の前提となる「世俗的なるもの」という用語に含まれる複数の要素を分解し、それぞれの側面に応じてイスラーム世界の世俗化の実態を議論してみたい。その際に、一九七〇年代以降顕著になる「イスラーム復興」との絡まりあいが慎重に検討されよう。一方、後半部では、アラブ世界出身の学者(エルメッシリーとアサド)の世俗化論を紹介する。それらは、イスラーム世界の歴史的経験を充分に考慮した、近代化と世俗化の錯綜した関連をめぐる議論である。そして、イスラーム世界の事例も包含した「包括的世俗化」論の可能性を指摘する。
  • 堀井 優
    史学雑誌
    1994年 103 巻 1 号 34-62,149-148
    発行日: 1994/01/20
    公開日: 2017/11/30
    ジャーナル フリー
    During the first half of the sixteenth century, the rapid territorial expansion of the Ottoman Empire caused the expansion of its foreign relations in the directions of both east and west. It has important effects on the making of early Modern Europe. Under these new circumstances, the Ottoman-Venetian relation, which had had a long tradition and was still important for both sides, must have also changed in some aspects. The Ottoman Empire and Venice remained on friendly terms throughout the first half of the sixteenth century, except for 1499-1502 and 1537-1540. In this paper, five ahdnames granted to Venice by the Ottoman Empire to conclude the peace treaties of 1502, 1513, 1517, 1521 and 1540 are examined to shed some light on changes in some aspects in Ottoman-Venetian relations. Provisions in these five ahdnames were based on the tradition of treaties concerned with trade in Middle East Islamic and Mediterranean societies. These provisions can be classified into four categories as follows : 1.The preconditions to make ahd, especially territorial agreements. 2.Establishing order on the seas between the Ottoman Empire and Venice. 3.Rights and obligations of Venetians in Ottoman territory. 4.Treatment of fugitive slaves, criminals and debtors. Almost all of the provisions followed the same content in each ahdname. On the other hand, some provisions were, reflecting the real situation, changed or newly added when each new ahdname was granted. By examining these changed or added provisions, the author concludes as follows. At the time when Bayezid II (ruled 1481-1512) and Selim I(ruled 1512-1520) were confronted with the rising of the Safvids in Persia while maintaining a peace policy toward Europe, the expanding Venetian's rights in the Ottoman territory became more important than the obligating principles of Islamic law on them. After the enthronement of Suleyman I (ruled 1520-1566), who succeeded to the vast territory expanded toward Syria and Egypt by Selim, the Ottomans extended their influence into the Levantine sea under a westward expanding policy. In 1540, two years after the Ottoman victory at the battle of Preveza, Ottoman superiority over Venice was recognized formally. Many of the provisions changed or added in the ahdnames of 1513 and 1521 were included in the draft of the Ottoman-French treaty made in 1535 and the ahdname granted to France in 1569. What it means is that the making of a new framework for Otto-man-Venetian relations in the first quarter of the sixteenth century had importance for building an Ottoman-French friendship under the reign of Suleyman.
  • 古林 清一
    日本中東学会年報
    1998年 13 巻 25-45
    発行日: 1998/03/31
    公開日: 2018/03/30
    ジャーナル フリー
    Rashid Rida (1865-1935) is known as a famous leader of Salafiyya Movement and a thinker of Arab Nationalism. When he began to publish his journal al-Manar at the end of the 19th century, the world of Islam had lost its religious unity and its political independence and fell under European rule. Many thinkers in Europe and the Middle East thought that the separation of religion and politics was inevitable, because they thought that Islam was a major obstacle to progress and development in the Islamic world. But, for Rida, religion and politics should not be divided in Islam. Former studies of Rida's thought have concentrated in his famous treatise al-Khilafa (The Caliphate)(1923). But, in this paper, I have attempted to elucidate his thought concerning the Islamic Reform, shown in his journal al-Manar, in the formative years of his thought (1898-1905). This paper will deal with the struggle of Rida to defend Muslim religious unity and the political independence of Islam against European dominance. He thought that the awakening of the Arabs was necessary for the recovery of Islamic unity. But, he also considered the Ottomans as the most important representatives of Islamic power. For him, Ottoman reform would be able to radiate to other Muslim countries since the Ottoman Empire held the central parts of Muslim world. As to the theme of the Caliphate, he rejected the claim of Arab Caliphate of Qurayshite descent and vindicated the Ottoman Caliphate, because the Sharifs of Mecca lacked many important requirements of the Caliphate.
  • 藤波 伸嘉
    史学雑誌
    2015年 124 巻 8 号 1383-1420
    発行日: 2015/08/20
    公開日: 2017/12/01
    ジャーナル フリー
    Unlike other Islamic polities that were colonized by the Western powers, the Ottoman Empire remained independent until the very end. Therefore, the relationship between Islamic law and the Empire's public law became an important topic in Ottoman jurisprudence, especially after the Young Turk Revolution of 1908, when the principle of national sovereignty (hakimiyet-i milliye) was proclaimed as a basis of the state's new constitution. This article addresses the views of Ottoman jurists regarding national sovereignty by analyzing Babanzade Ismail Hakki's Hukuk-i Esasiye, one of the first textbooks on Ottoman constitutional law. While continuing his predecessors' endeavors to defend Ottoman sovereignty, Ismail Hakki introduced a new approach to understanding the character of the Ottoman Caliphate. To wit, sovereignty derives solely from the nation which is one and indivisible. The state is a juridical person representing the nation's natural sovereignty. Consequently, the monarch, namely, the Sultan-Caliph, was no more than an organ of the state. Ismail Hakki discussed the development of parliamentarism in a way that enabled him to construct an alternative approach to world legal history. While in the West parliaments were the product of feudal privilege, in the East there was no such privilege, due to the fact that Islamic law dictated that all men were equal and also that the Caliphate was, in essence, nothing but a form of universal suffrage, through which the nation's will was expressed in the form of bay'a (oath of allegiance). Therefore, for Ismail Hakki, there was no reason to respect the three "privileges" that had been introduced into the Ottoman state governance since the late eighteenth century-the Capitulations (imtiyazat-i ecnebiye), autonomous provinces (eyalat-i mumtaze), and the religious privileges of non-Muslims (imtiyazat-i mezhebiye)-because they were contrary to the principle of equality among Ottomans and formed exceptions to the rules of a sovereign state system. While he took it for granted that the Ottoman nation was composed of various ethnic and religious groups, Ismail Hakki kept silent on the question of how to legally define the multi-ethnic and multi-religious character of the Ottoman constitution. He condemned the religious/ethnic quota system because, according to him, the Ottoman parliament represented the will of the one and indivisible nation as a whole. Religious/ethnic quotas contradict this fundamental basis of constitutional law. This attitude of Babanzade Ismail Hakki foreshadowed the subsequent legal tradition of the Turks to legitimize their Republic, which they alleged was ethnically homogenous.
  • 佐原 徹哉
    東欧史研究
    1995年 18 巻 5-25
    発行日: 1995年
    公開日: 2018/12/01
    ジャーナル オープンアクセス
  • 嶺崎 寛子
    日本中東学会年報
    2002年 18 巻 1 号 1-31
    発行日: 2003/02/28
    公開日: 2018/03/30
    ジャーナル フリー
    This paper deals with Egyptian legal system from the viewpoint of legal pluralism. Egyptian legal system has experienced a drastic change by transplanting Western laws to Sharia. Although Sharia had lost executive force, it remains to be a "law" in a broad sense among Muslim people. Sharia's legal system plays an important role under the present circumstances. Sharia has kept strong authority on Muslims. However, there is a limit to work Sharia as legal system, for Sharia only function in the field where people recognize it. The field is semi-autonomous, while it is influenced by other "law"s and social conditions. Sharia can not neglect such social conditions and competes with other "law"s. All the "law"s differs each other in terms of subject of law, legal ideology and legal benefit. Therefore "law"s have tense rivalry with each other. Such coexistence of different "law"s is a feature in Egyptian legal system, which can be called legal pluralism. Another focus point is Fatwa's role in ADR (Alternative Dispute Resolution). As Sharia itself cannot be changed, Muslims should decide, how far they follow positively norms of Sharia, depending on the degree of their belief. Hence Fatwa has worked as a buffer between Sharia and everyday life. When Islamic norms cause conflict with their own mind or behaviour, Fatwa gives them quite useful tools. Moreover it is used in interactions between one's ethic and Allah in order to retain sanity of Muslim. Egyptian people make the best use of legal pluralism that allows arbitrary law application to expand their own interests, by rearranging the order of "law"s depending on the circumstances.
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