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Challenging the Secular StateThe Islamization of Law in Modern Indonesia$
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Arskal Salim

Print publication date: 2008

Print ISBN-13: 9780824832377

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824832377.001.0001

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The Notion of Shari‘a

The Notion of Shari‘a

(p.11) 1 The Notion of Shari‘a
Challenging the Secular State

Arskal Salim

University of Hawai'i Press

This chapter examines the legal character of Islam and how the notion of sharia is variously interpreted in (or excluded from) the legal context. It discusses the two distinct concepts of religious law in Islam, the immutable, transcendent sharia and the mutable, temporal fiqh. While sharia comes from God through those verses of the Qur'an which do not need further clarification, fiqh (which literally means understanding) on the other hand is the interpretations of human beings of those Qur'anic legal verses that have imprecise or multiple meanings. And despite the differences between sharia and law and between sharia and fiqh, exactly to what extent a rule or law can be identified as sharia remains unresolved. Thus the rest of this chapter proposes two determining factors for indicating whether or not a rule contains sharia values.

Keywords:   sharia, fiqh, Qur'anic legal verses, Islamic religious law, sharia values

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