Methoden Komparativer Theologie. Eine Fallstudie im Blick auf das islamische Recht

Abstract

In view of the impossibility of finding neutral categories of comparison, the author pleads for a theological approach to comparative legal research that seeks to shed theological light on the significance of religious law within the respective religion. The comparison would then not be determined by neutral categories, but by categories that are derived from the contexts to be compared and determined theologically from there in each case. This procedure gains scientific objectivity through the inclusion of the instance of the third party, which is directed towards the determination of the respective categories in a universal discourse community. With regard to Islamic law, the author recommends an aesthetic approach, which is made visible as a challenge for Christian dogmatic by including contemporary research on legal aesthetics.

Keywords

• komparative theologie
• tertium comparationis
• instanz des dritten
• rechtsästhetik
• islamisches recht