<論考>責任の体系としてのシャリーア --イスラーム法源学による法規定の定式化と5範疇への収斂の構造--

Abstract

The Sharī'a, or Islamic law based on divinely defined sources brought by the Prophet Muhammad to his community of Muslims, first developed the science of legal rules ('Ilm al-Fiqh) in the earlier Islamic centuries. The jurists, responding to the needs of the community at their times, skillfully crafted legal rules by looking into the sources and social realities, and by interpreting them through their methodological thinking. This methodological part later developed in the 4th and 5th centuries A.H.

9th to 11th centuries C.E. into the science of Islamic jurisprudence ('Ilm Uṣūl al-Fiqh). This article investigates who elaborated the so-called Five Categories of Islamic Rules in the period when this science took its defi nite form, looking into the foundational books of Islamic jurisprudence among the five major theologian-jurists, namely, Qāḍī 'Abd al-Jabbār (Mu'tazilate - Shafi 'ite), Abū al-Ḥusayn al-Baṣrī (Mu'tazilate - Hanafite), Qāḍī al-Bāqillānī (Ash'arite - Malikite), Imām al-̣Haramayn al-Juwaynī (Ash'arite - Shafi 'ite), and fi nally al-Ghazālī (Ash'arite - Shafi 'ite). The concept of taklīf, which covers four of the categories of divine order and prohibition, but not the category of mubāḥ, the permitted and free to choose, is also considered within the historical backgrounds of thought development. Finally, the article proposes, based on these investigations and findings, to envision the Sharī'a as a system of responsibilities for human acts, not as a system of religious duties or obligations.