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The March Of Shari'a In The World

Posted on:2017-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:W T MaFull Text:PDF
GTID:2336330488971057Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This thesis take investigation and case analysis of the macroscopic research method of combining, at the same time, using the method of comparative law and political science point of view, selection of Egypt and its independent regime transition this case experience as the research object, emphatically demonstrates the analysis focused on since the 1870 s,the traditional Egyptian Islamic law in the face of the sovereign state, nationalism and democratization, the impact of modernity element such as business expansion, how to through the legal reform and constitutional reform, and gradually completed from the Ottoman empire unification in the Islamic world, for limited autonomy, and thus get rid of the British and French and other Western colonists bound to achieve the transformation road full sovereign independent modern nation-state.Argumentation subject of the thesis is "modern traditional Shari'ah Fate." To demonstrate this theme, with a full three chapters of the focuses. The first chapter is a unique traditional Shariah, and the plight of the gradual decline of the Ottoman Empire introduced, respectively, from the theoretical and historical perspective on the whole do a detailed narrative of Islam, which is the whole argument relating to the background, but also for the later demonstrated, paving the way; and immediately the second chapter describes the first chapter, after the demonstration a comprehensive defeat of the Ottoman Empire in the Russo-Turkish war, the newly established sovereign nation-states-Egypt, anti-Arab, anti-colonization process, how through legal reform, the development of a large number of 1948, "the Egyptian Civil Code," the same code to forge European nationality Egypt; and on this basis, how constitutional reform to modernize national body. After a demonstration concluded that the entire country of Egypt in the realization of the modern transformation of the road has made brilliant achievements, but at the same time to go through the enormous improvement of road shock and vibration, its modern transformation of the road has not been easy, have to say, this Pilu Si is it not a victory. The third chapter back to the whole Shari'ah traditional background, select three typical modern Islamic countries take a different road, through analysis and comparison of results, the Islamic countries, like other non-Western countries, we are facing the West, modern related problems and is the perfect template for copying non-existent, civilized face of this torrent of hit Iran chose theocracy, but the Western modernization is the trend of the world, it is not possible with the whole world. Completely isolated, Iran therefore totally rejected Western modernization is impossible; Turkey chose Westernization has become a "loss" of the country, which wants to be European countries but was consistent rejection of Western countries; and for Egypt, Islamic modernization and transformation of the road, compared to Iran, Turkey and other Islamic countries was a success, but after all restrictions prototype transformation, since long-standing tradition of the Egyptian Islamic shackles, pursued by groups based thinking, the feudal autocracy, and later in the countries in transition the introduction of Western individualism and democratic system incompatible with the root causes of these conflicts on the shackles on the prototype will undoubtedly go to Egypt this improved road modernization sample Islam also paid a heavy price, coupled with the 1970 s the Islamic revival movement's challenge, the whole country also suffered an unprecedented tumult, the modern country of Egypt is not easy to grow up in the Islamic tradition to go. In short, the traditional Sharia controversy great way of modernity, where is their way out? This will be the problem of the Islamic world continue to face in the future, it will be a long-term exploration of theoretical issues, to study the issue of high academic value and significance.
Keywords/Search Tags:The Shari'a, Western law, Egyptian Civil Code of 1948, constitutional reform, modernization
PDF Full Text Request
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