re: #512 goddamnedfrank

Are you talking about Shi’a, Suffi, or Sunni or just assuming that all types of courts are identical? They are not, one of the pillars of law Shi’a Sharia courts is ‘Aql, or dialectical reasoning, whereas most Sunni courts use Qiyas, or analogical reasoning instead. Where the Shi’a court is supposed to bring its own, human intellect to bear on the questions before it, a Sunni court is supposed to find the most fitting analogy in a few select texts.

In addition Shi’a court system retained the concept of Ijtihad, the right of the jurist to apply their own interpretations of what those select religious texts really mean. Also, although their focus is far more on imitation, in practice Sunni courts are open to some level of Ijtihad.

Oh, hey, you actually know something about this stuff? What should I read?