Custom in Sharia and in the Siyasat-i ilahi (Divine Siyasa)
Custom in Sharia and in the Siyasat-i ilahi (Divine Siyasa)
Traditionally, although it was never considered an official “source” of law on the level of the Qur’an and Hadith, local custom always played a role in the interpretation and application of sharia. Within the realm of custom, a distinction was made between ‘universal customs’ that do not change with time and place (eating, drinking, basic emotions) and local customs (clothing, dwellings, and the like). Various jurists have offered different opinions on the best place for custom within sharia. The legitimacy of non-Quraysh imams was strengthened in the fifteenth century by the writer al-Dawani, who drew on Plato, Sufism, and Ottoman prestige to begin bringing local legal customs into line with Ottoman practice.
Keywords: jurists, Ottoman Empire, political philosophy, sharia
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