The Legal Status of Mut’a and Hajj among the Scholars of Mecca Controversies of Ibn Zubair and Ibn Abbas from the Perspective of Legal Anthropology

Document Type : Research Paper

Authors

tehran univercity

10.22081/hiq.2022.63107.2239

Abstract

In early Muslim society, legal agencies are divided into two groups, one group tries to keep the past legal system, and second group tries to follow the changes toward a promised future. In this article, we analyze the community of Arabs in the formative period of Islamic rules. We distinguish different agencies regard to the Islamic law. We aim at showing the legal logic of Islamic legal schools, their legal sources, the characters of Islamic legislator, and systems of values varies among the schools. I manage two cases Nikah Mut’ah and Mut’ah of Hajj, to exercise my analyses. I will discuss how different agencies in Mecca react to the legal changes based on their own systems of value, legal logics, characters of authority, and common goals of their group. In the second century of Islamic history, different legal schools rose up from the cultural challenges of primary period. Islamic legal schools gradually were between two extreme points, one side was dedicated to promised future and the other one to the past ancestors.

Keywords

History of Islam

Articles in Press, Accepted Manuscript
Available Online from 26 May 2022

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