عنوان

Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought

Number

LA116095

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought

General Material Designation

[Article]

First Statement of Responsibility

Marion Holmes Katz

Place of Publication, Distribution, etc.

Leiden

Name of Publisher, Distributor, etc.

Brill | Nijhoff

Text of Note

The recent "ethical turn" in the study of Islamic law has directed much attention to the cultivation of "virtuous passions" as central to the project of the classical Sharīʿa. This model has been particularly salient in the study of normative rituals, and some scholars have extended it to encompass much broader social and disciplinary aspects of the ideal Sharʿī order. The present paper focuses on the concept of ḥayāʾ (shame), understood as the fear of moral or social disapprobation, which is arguably the affective trait Muslim thinkers saw as most fundamental to proper social functioning and adherence to the law. The article compares the treatment of ḥayāʾ in ethical and legal works of scholars of the Shāfiʿī legal school in the 11th to early 12th centuries and argues that works of substantive law pursued a deliberately minimal approach to the role of affect. The recent "ethical turn" in the study of Islamic law has directed much attention to the cultivation of "virtuous passions" as central to the project of the classical Sharīʿa. This model has been particularly salient in the study of normative rituals, and some scholars have extended it to encompass much broader social and disciplinary aspects of the ideal Sharʿī order. The present paper focuses on the concept of ḥayāʾ (shame), understood as the fear of moral or social disapprobation, which is arguably the affective trait Muslim thinkers saw as most fundamental to proper social functioning and adherence to the law. The article compares the treatment of ḥayāʾ in ethical and legal works of scholars of the Shāfiʿī legal school in the 11th to early 12th centuries and argues that works of substantive law pursued a deliberately minimal approach to the role of affect.

Date of Publication

2014

Physical description

139-169

Title

Journal of Law, Religion and State

Volume Number

3/2

International Standard Serial Number

2212-4810

Subject Term

affect

Subject Term

ethics

Subject Term

Islam

Subject Term

law

Marion Holmes Katz

Call Number

10.1163/22124810-00302003

Electronic name

p

[Article]

275578

a

Y