Book contents
- The Possibility of Religious Freedom
- Law and Christianity
- The Possibility of Religious Freedom
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 1 Religion and Law in Late Modernity
- 2 Antigone: The Tragedy of Human and Divine Law
- 3 Maimonides’ Middle Way: Teleology as a Guide for the Perplexed
- 4 Between Sharīʿa and Human Law: Ibn Rushd and the Unwritten Law of Nature
- 5 Arguing Natural Law: Tertullian and Religious Freedom in the Roman Empire
- Conclusion
- Epilogue
- Bibliography
- Index
4 - Between Sharīʿa and Human Law: Ibn Rushd and the Unwritten Law of Nature
Published online by Cambridge University Press: 07 October 2019
- The Possibility of Religious Freedom
- Law and Christianity
- The Possibility of Religious Freedom
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 1 Religion and Law in Late Modernity
- 2 Antigone: The Tragedy of Human and Divine Law
- 3 Maimonides’ Middle Way: Teleology as a Guide for the Perplexed
- 4 Between Sharīʿa and Human Law: Ibn Rushd and the Unwritten Law of Nature
- 5 Arguing Natural Law: Tertullian and Religious Freedom in the Roman Empire
- Conclusion
- Epilogue
- Bibliography
- Index
Summary
Chapter Four builds an Islamic theory of natural law from Ibn Rushd’s (Averroes’) Middle Commentary on Aristotle’s Rhetoric (Talkhi? Kitab al-Kha?aba li Aris?u). This chapter provides original exegesis on Ibn Rushd’s text, particularly those passages concerning what Ibn Rushd describes as an unwritten law of nature (sunan ghayr maktuba fi ?abi?at al-jami?). It expounds upon what I argue is a theory of natural law in the commentary that is largely consonant with Aristotelian natural justice as well as thoroughly Islamic in such a way that it can, and even ought to, inform contemporary understandings of shari?a. This chapter contains the most in-depth discussion of the relationship between revealed religion and natural law, as well as the most detailed proposal for a natural law epistemology.
- Type
- Chapter
- Information
- The Possibility of Religious FreedomEarly Natural Law and the Abrahamic Faiths, pp. 83 - 103Publisher: Cambridge University PressPrint publication year: 2019