Muhammed Said Bilal | 7th Graduate Conference
Justice as a Legal Problematic and the Philosophy of Divine Justice for the Alternative Discourses
Abstract
Despite of the existence of a profound philosophical background which is conductive to produce an alternative discourse on the legal justice, the Islamic scholarship did not conceive legal justice as a separated field of study, unlike the modern European scholarship. One fundamental reason of this matter relates to the holistic approach of Islam to the social metters of what modernity separated as moral, politics and law. Since the notion of legal justice is not directly reciprocated in İslamic scholarship, Muslim Scholars, who already live in the modern states and modern judicial systems feels the necessity to argue on the legal justice more than ever. The traditional holistic nature of the Islamic legal, moral and politic philosophy is very often missed in the modern Muslim discussions of legal justice, which, in return, let to one of two traps, i.e. either to modernist or to fundamentalist understanding of legal justice. The concept of Divine Justice plays a key role to comprehend legal justice in a holistic point of view of Islam and it is crucially essential to provide an alternative discourse on the legal justice firmly rooted in existential and cosmic framework of Islam. The term of Divine Justice, which is basically a Kalām discussion, is seated onto a fıqh based ground as well in Risale-i Nur Collection. With regards to the studies tring to found a bridge between legal justice and Divine Jusite notions, the approach of Risale-i Nur Collection to the Notion of Divine Justice becomes crucial.
Full Paper;
http://iikv.org/academy/index.php/coonferencee/article/view/1893/3637
Abstract
Despite of the existence of a profound philosophical background which is conductive to produce an alternative discourse on the legal justice, the Islamic scholarship did not conceive legal justice as a separated field of study, unlike the modern European scholarship. One fundamental reason of this matter relates to the holistic approach of Islam to the social metters of what modernity separated as moral, politics and law. Since the notion of legal justice is not directly reciprocated in İslamic scholarship, Muslim Scholars, who already live in the modern states and modern judicial systems feels the necessity to argue on the legal justice more than ever. The traditional holistic nature of the Islamic legal, moral and politic philosophy is very often missed in the modern Muslim discussions of legal justice, which, in return, let to one of two traps, i.e. either to modernist or to fundamentalist understanding of legal justice. The concept of Divine Justice plays a key role to comprehend legal justice in a holistic point of view of Islam and it is crucially essential to provide an alternative discourse on the legal justice firmly rooted in existential and cosmic framework of Islam. The term of Divine Justice, which is basically a Kalām discussion, is seated onto a fıqh based ground as well in Risale-i Nur Collection. With regards to the studies tring to found a bridge between legal justice and Divine Jusite notions, the approach of Risale-i Nur Collection to the Notion of Divine Justice becomes crucial.
Full Paper;
http://iikv.org/academy/index.php/coonferencee/article/view/1893/3637
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