Introduction to Islamic Law : Islamic Law in Theory and by Ahmed Akgündüz

By Ahmed Akgündüz

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T III I, i§· ~}. <;~;~t:J 'I, ' II . t;~; ":;~ ,-, ,;~'~:t~"\ . I II,: I : I It may be argued that Nizam al-Mulk and Barani also, in a measure, represent 'dissent' -but only to the extent that they, in varying deg­ rees, tolerate the existence of kingship in Muslim society. In reli­ gious matters, they adhere to Sunni orthodox traditions, using the term shari 'a in its conventional juristic sen'se. But there were simul­ taneous movements of dissent in the domain of religion as well, and since the proponents of these movements considered the existing dominant power structures a form of tyranny, they developed alter­ native norms and principles.

Muslim ornon-Muslim, a ruler must be just. A non-Muslim but just ruler will serve society better than an unjust Muslim sultan. The inherent excellence of justice and its intrinsic strength kept the ancient Sassanid kings entrenched in power for well over 5,000 years, even though they were all fire-worshippers and infidels. 92 So, it was in the light of human reason ('aql) and not any religious legal code that the performance of the ruler, in relation to his con­ cern for justice, was to be weighed.

M \'01/ de Akhh7q-i NO:firi, p. 134. M. , A HisIOf)' ol'Muslilll Philosophy, I, pp. 544-64 and 592­ 616, for an iIlustr'ltion. for instance, from Ibn Rushd' s Tol1i7jtll OI-lal1(l{edl (Repu­ diation of the Repudiation), which he wrote in reply to Ghazail's ToMftil ill­ Falc7si{oh. The Languages o( Political Islam in India 50 uniformity of political concepts and ideas which emerged after the Mongol invasion of the Islamic world. 1350), for instance, there was a totally different response to the crisis, even as they allowed greater power to rulers vis-a-vis jurists.

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