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Character Quote by Wael B. Hallaq

“‎"The indictment [the Western/modern question, 'Why be moral?'] also issued from a gross underrating of the 'moral' force that was regarded within the Islamic tradition as an essential and integral part of the 'law.' At the foundation of this underrating stood the observer's ideological judgement…” quote by Wael B. Hallaq
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““‎"The indictment [the Western/modern question, 'Why be moral?'] also issued from a gross underrating of the 'moral' force that was regarded within the Islamic tradition as an essential and integral part of the 'law.' At the foundation of this underrating stood the observer's ideological judgement about religion (at least the Islamic religion), a judgment of repugnance, especially when religion as a moral and theological force is seen to be fused with law. The judgement, in other words, undercuts a proper apprehension of the role of modernity as a legal form, of its power and force. Historical evidence [in modernity/Enlightenment thought and its intellectual progeny] was thus made to fit into what makes sense to us, not what made sense to a culture that defined itself -- systematically, teleologically, and existentially -- in different terms. This entrenched repugnance for the religious -- at least in this case to the 'Islamic' in Muslim societies -- amounted, in legal terms, to the foreclosure of the possibility of considering the force of the moral within the realm of the legal, and vice versa. Theistic teleology, eschatology, and socially grounded moral gain, status, honor, shame, and much else of a similar type were reduced in importance, if not totally set aside, in favor of other explanations that 'fit better' within our preferred, but distinctively modern, countermoral systems of value. History was brought down to us, to the epistemological here and now, according to our own terms, when in theory no one denies that it was our historiographical set of terms that ought to have been subordinated to the imperatives of historical writing.””

Wael B. Hallaq

About This Quote

Source Book: “The Dignity of Difference”, 2009

Critiques modern legal systems for marginalizing Islamic moral law, reducing religious ethics to secondary status.

In simple terms: Modern law often ignores religious moral influence.

Key Takeaway

Integrate moral traditions into legal discourse.

Themes

law religion modernity ethics history

Mood

analytical critical

Type

theoretical scholarly

When to use this quote

  • constitutional drafting
  • interfaith dialogue
  • academic research

Key Concepts

legal theory comparative law Islamic jurisprudence

Questions to Reflect On

  • How can law respect tradition while upholding rights?
  • What balance between secular and religious law is possible?
A Different Perspective

Risk of relativism undermining universal rights.

4.7 out of 5 (8 ratings)

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