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引用次数: 2
摘要
本文探讨并比较了两位受过传统教育的穆斯林学者Taha Jabir al-Alwani(d 2016)和Hussein Ali Montazeri(d 2009)对伊斯兰教叛教经典裁决的看法。文章认为,在爱资哈尔接受教育的逊尼派学者al-Alwani和毕业于库姆什叶派神学院的Montazeri都在从伊斯兰教皈依另一种宗教的意义上捍卫宗教自由——这一观点与伊斯兰文献中关于叛教的经典裁决截然相反,后者规定对此类行为判处死刑。正如文章所表明的,这些学者的观点,尽管在论证方法上存在一定的差异,但在伊斯兰学术中,特别是在传统学术界,推动了宗教自由新思想的发展。
Punishment for Apostasy: Arguments from Two Traditionally Trained Muslim Scholars in Favor of its Abolition
This article explores and compares the views of two traditionally educated Muslim scholars, namely Taha Jabir al-Alwani (d 2016) and Hussein Ali Montazeri (d 2009), about the classical rulings on apostasy in Islam. The article argues that both al-Alwani, a Sunni scholar educated at al-Azhar, and Montazeri, a graduate of the Shiʿi seminary in Qom, defend freedom of religion in the sense of converting from Islam to another religion—an idea that stands in sharp opposition to the classical rulings on apostasy in Islamic sources which prescribe capital punishment for such an act. As the article demonstrates, these scholars’ views, despite certain differences in their method of argumentation, advance the development of new ideas about religious freedom in Islamic scholarship, especially among traditional circles.
期刊介绍:
Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.