传统规则的现代化尝试:伊斯兰法律的法典化

Attempting to modernize traditional rules: the statute of Islamic law

近代以来,面对西方对伊斯兰世界的军事侵略、经济掠夺、文化渗透和法律侵蚀,伊斯兰世界的政治家、思想家和法学家们积极作出反应,他们在以一种批判的眼光和否认的态度看待西方法律制度的同时,另辟蹊径,致力于研究、探索伊斯兰价值体系的法制改革,以此构筑伊斯兰法的现代体系。法律的法典化是这一改革的主要内容与独特形式,即伊斯兰世界的改革者们通过把传统伊斯兰法律观点和法律规则条款化、系统化和统一化的大胆尝试和富有成效的改革,经过长期努力,已取得令人瞩目的成就。

Since the dawn of the modern age,western countries have made military incursions into the Islamic World,looted its economy and sought to erode its laws and statutes. Politicians,thinkers and jurists of the Islamic world have been actively responding to these threats. They are critical of the Western legal system and disagree with many of its foundational precepts. They have dedicated themselves to researching and investigating potential reforms of the Islamic legal system as well as continuing its modernization. These innovators have had a rich experience attempting to systematize and integrate the views and laws of the Islamic world. Their hard work and long-term effort has already helped them accomplish many great things.