عنوان مقاله [English]
The view that the possibility of Islamic law in the context of modernity and the modern state is impossible, among the fundamental reasons for this claim has expressed the epistemological distinction and incompatibility of Islamic law with the method of codification (codification of laws), as one of the important the most features of the modern legal system. In this approach, the legal codes of technology of modern state are considered for monopolizing regulation, creating authority and integration, and homogenizing the society. On the contrary, according to this view, the history of the formation of Islamic law and its characteristics in the pre-modern period reflects these qualities: its non-exclusive, not focused on political power, pluralistic, individualistic and hermeneutic nature, which is fundamentally inconsistent with the codification techinque. In any case, it seems that such claim is wrong for at least two main reasons, and can be jeopardized by claiming the compatibility of codification and Islamic law: First, according to the approach of incompatibility of codification and Islamic law, history Islamic law in the pre-modern period is incorrect and without considering the developments in which there was a tendency to collect Islamic rules and judgement in codified collections; Second, the above view is based on a misunderstanding of code and codification and its role in the modern state and is considered more as an ideological issue. Thus, in this research, using a descriptive-analytical method, while explaining the view of the incompatibility of Islamic law with codification, the aforementioned critiques have been expound in order to draw a consistent horizon between codification and Islamic law.