Musicking and Islamic Law as a Problem of Methodology
Giula Shamilli
The issue of music and Islamic law is considered in the aspect methodology due to proper Arabic language picture world mechanisms theoretical thinking classical Arab-Muslim culture. author clarifies that procedure inference did not concern or musicians, but actions a person playing/listening music. On grounds legal power was epistemic, concentrated hands private lawyers, there no single center culture from which legislative decision regarding musicking/listening would extend entire world. situation different Russian Empire post-Soviet states, where, despite external similarity with Islam, attitude lawyer who plays/listens music, for reasons cultural historical nature, built according hierarchical system values requires separate study without mechanically equating one phenomenon another. It shown contrarian dichotomy ‘permitted — forbidden neutral’ appeared modern science as result universalist approach, take place field culture, developed its own evaluating actions. made judgment, ‘branch’, based on basis-‘root’, served textually fixed Koran Sunnah, well procedures unanimous judgment co-measurement, while judgments themselves same fact could be contrastingly opposite, depending characteristics schools.
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