İSLAM HUKUKUNUN DOĞASINA KLASİK ORYANTALİST BİR BAKIŞ: N. J. COULSON ÖRNEĞİ

The fundamental theoretical basis of classical orientalistic discourse can be traced back to the Western positivist social theories which describe the ‘East’ or the ‘other’ as an irrational. And it idealizes the ‘West’ as a rational one. This generalizing and subjective approach which is the dominant characteristic of the positivistic social theory had an influence on the classical orientalistic approach to Islamic law. This article tries to critisize this orientalistic approach which is impressed by above mentioned theoretical perspective to the nature of Islamic law by taking N. J. Coulson as a representative figure. In line with his orientalist predecessors he characterises Islamic law with some conflicts and tensions. Such as conflicts and tensions between revelation and reason, change and stabilitiy and idealism and realism etc. This west-oriented subjective orientalistic approach constructed an Islamic law imagination which has an idealistic nature. Accordingly in it’s historical process it never adapted itself –after it’s formation period- to the social changes. In this article, these orientalistic arguments which do not appropriate with the historical reality of Islamic law will be critisized.

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