多元的法秩序としてのシャリーアとファトワー : 現代エジプトを事例として

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This paper deals with Egyptian legal system from the viewpoint of legal pluralism. Egyptian legal system has experienced a drastic change by transplanting Western laws to Sharia. Although Sharia had lost executive force, it remains to be a "law" in a broad sense among Muslim people. Sharia's legal system plays an important role under the present circumstances. Sharia has kept strong authority on Muslims. However, there is a limit to work Sharia as legal system, for Sharia only function in the field where people recognize it. The field is semi-autonomous, while it is influenced by other "law"s and social conditions. Sharia can not neglect such social conditions and competes with other "law"s. All the "law"s differs each other in terms of subject of law, legal ideology and legal benefit. Therefore "law"s have tense rivalry with each other. Such coexistence of different "law"s is a feature in Egyptian legal system, which can be called legal pluralism. Another focus point is Fatwa's role in ADR (Alternative Dispute Resolution). As Sharia itself cannot be changed, Muslims should decide, how far they follow positively norms of Sharia, depending on the degree of their belief. Hence Fatwa has worked as a buffer between Sharia and everyday life. When Islamic norms cause conflict with their own mind or behaviour, Fatwa gives them quite useful tools. Moreover it is used in interactions between one's ethic and Allah in order to retain sanity of Muslim. Egyptian people make the best use of legal pluralism that allows arbitrary law application to expand their own interests, by rearranging the order of "law"s depending on the circumstances.
日本中東学会の論文
2003-02-28

多元的法秩序としてのシャリーアとファトワー : 現代エジプトを事例として

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