نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
In the mid-sixteenth century, with the emergence of an independent branch of legal scholarship, various thinkers articulated their views in response to the social, religious, and political conditions of their time. Although this nascent field, known as public law, primarily developed within Western societies, the present study seeks to demonstrate, through an examination of the ideas and concerns of selected Muslim thinkers from the third to the early seventh centuries AH (corresponding to the ninth to thirteenth centuries CE), that the emergence of public law can be regarded as a human concern extending beyond the boundaries of the West. While this development materialized institutionally in the West, the discourse of Muslim thinkers on social and political affairs reveals intellectual capacities that may be reinterpreted within the framework of public law concepts. By undertaking a conceptual re-reading of their views, this study aims to identify elements that can be analyzed through the lens of public law. The central question is whether concepts such as the legitimacy of power, the rule of law, and public responsibility are solely products of modern political thought or whether they possess conceptual roots in pre-modern intellectual traditions. Existing scholarship has predominantly examined the ideas of Muslim thinkers within the frameworks of political philosophy or political ethics, with little effort devoted to reinterpreting them from the perspective of public law. This research gap highlights the necessity of a conceptual study in this field.
کلیدواژهها English