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이슬람과 자연법

Islam & Natural law

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초록

This paper attempts to explain the relationship between Islam and natural law. Until now, no study has ever been conducted on the topic in Korea. As natural law has contributed to maintaining order in human society with its moral and ethical characteristics, and brought out the revolution of freedom and equality in modern society, I point out that the relationship between natural law and positive law is like the one between subordinates and superiors. In chapter two, I discuss the relationship between natural law and positive law. The Quran and the Hadith function as natural law, from which positive law could be deducted. In chapter three, I survey Muslim scholars’ views on the relations between Islam and natural law and discuss natural law in the Quran. To sum up, I endeavor to show that (1) Allah in Islam is the only legislator; (2) the legislative elements in Islam reflect the will of Allah; (3) Islam is Divine law or droit supérieur.

Abstract

This paper attempts to explain the relationship between Islam and natural law. Until now, no study has ever been conducted on the topic in Korea. As natural law has contributed to maintaining order in human society with its moral and ethical characteristics, and brought out the revolution of freedom and equality in modern society, I point out that the relationship between natural law and positive law is like the one between subordinates and superiors. In chapter two, I discuss the relationship between natural law and positive law. The Quran and the Hadith function as natural law, from which positive law could be deducted. In chapter three, I survey Muslim scholars’ views on the relations between Islam and natural law and discuss natural law in the Quran. To sum up, I endeavor to show that (1) Allah in Islam is the only legislator; (2) the legislative elements in Islam reflect the will of Allah; (3) Islam is Divine law or droit supérieur.

참고문헌 (9)

  1. 박은정, "자연법의 문제들" (2007), 세창출판사
  2. 최영길, "성꾸란 -의미의 한국어 번역" (1996), 파하드 국왕 성꾸란 출판청
  3. 최영길, "무함마드 언행록을 통해서 본 다양한 이슬람 이야기(제5권)" (2009), 도서출판 알림
  4. 한스벹첼, "자연법과 실질적 정의" (2001), 삼영사
  5. A.Ezzati, "Islam & Natural Law" (2002), ICAS Press
  6. John L.Esposito, "The Oxford dictionary of Islam" (2003), Oxford University Press
  7. John L.Esposito, "The Oxford Encyclopedia of The Islamic World Vol.4" (2009), Oxford University Press
  8. Mohammad Bin Uthman Adh-Dhahabi, "The Major sins" (2007), Dar el Fikr
  9. Rafiq Ahmed, "Introduction to AL-HADITH" (2007), Adam Publishers & Distributors

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