Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought

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" Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought "
Marion Holmes Katz

Document Type	:	AL
Record Number	:	1072466
Doc. No	:	LA116095
Call No	:	‭10.1163/22124810-00302003‬
Language of Document	:	English
Main Entry	:	Marion Holmes Katz
Title & Author	:	Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought [Article]\ Marion Holmes Katz
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	Journal of Law, Religion and State
Date	:	2014
Volume/ Issue Number	:	3/2
Page No	:	139–169
Abstract	:	The recent “ethical turn” in the study of Islamic law has directed much attention to the cultivation of “virtuous passions” as central to the project of the classical Sharīʿa. This model has been particularly salient in the study of normative rituals, and some scholars have extended it to encompass much broader social and disciplinary aspects of the ideal Sharʿī order. The present paper focuses on the concept of ḥayāʾ (shame), understood as the fear of moral or social disapprobation, which is arguably the affective trait Muslim thinkers saw as most fundamental to proper social functioning and adherence to the law. The article compares the treatment of ḥayāʾ in ethical and legal works of scholars of the Shāfiʿī legal school in the 11th to early 12th centuries and argues that works of substantive law pursued a deliberately minimal approach to the role of affect. The recent “ethical turn” in the study of Islamic law has directed much attention to the cultivation of “virtuous passions” as central to the project of the classical Sharīʿa. This model has been particularly salient in the study of normative rituals, and some scholars have extended it to encompass much broader social and disciplinary aspects of the ideal Sharʿī order. The present paper focuses on the concept of ḥayāʾ (shame), understood as the fear of moral or social disapprobation, which is arguably the affective trait Muslim thinkers saw as most fundamental to proper social functioning and adherence to the law. The article compares the treatment of ḥayāʾ in ethical and legal works of scholars of the Shāfiʿī legal school in the 11th to early 12th centuries and argues that works of substantive law pursued a deliberately minimal approach to the role of affect.
Descriptor	:	affect
Descriptor	:	ethics
Descriptor	:	Islam
Descriptor	:	law
Location & Call number	:	‭10.1163/22124810-00302003‬