With a Representative Example the Roles of Reason and Emotion in Western and Islamic Legal Systems

Authors : Ahmet Ulvi TÜRKBAĞ

Pages : 1-9

Doi:10.20981/kaygi.410544

View : 17 | Download : 9

Publication Date : 2018-04-30

Article Type : Research Paper

Abstract :The core of this study is to show the role of emotion and reason in two major legal systems, namely the Western and Islamic legal systems. Firstly, I will portray the two systems without any detail, in order to show emotion and reason balances in each of them. After that, I will choose a representative example to explain and state how they follow different roads of approach to reach an understanding of the balance between reason and emotion. As an assumption, it would be safe to say Western law is more widely known. Therefore, I will focus primarily on an illustration from Islamic Law using as my example a facet of    Family law, a special kind of separation “lian or mulahana” which, I think, clearly represents the outlook of Islamic law on emotion.   
Keywords : Modern Law, Rationalism, Fiqh, Islamic Family Law, Lian, Emotion and Law