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Shiavault - a Vault of Shia Islamic Books Legal Comparability and Cultural Identity: the Case of Legal Reasoning in Jewish and Islamic Traditions Introduction =============== 1.1 Fruits and Religions Comparative studies of cultures, religions or praxis involve much more than applying a method. They are not just about confronting similarities and underlining differences.

Behind such projects is the belief that a comparative perspective would provide both a better understanding of the compared systems and contribute knowledge that would not otherwise be attained. Nevertheless, the nature of the ‘additional knowledge,’ and the extent to which such knowledge is a unique outcome of the comparative study, are still to be explained.

Furthermore, comparative projects also run the risk of being held hostage to biased paradigms, simplistic preconceptions, preoccupations with self-understanding and even unconscious commitments to a political agenda. A comparativist should be alert to hidden traps along the way and anticipate stumbling across them throughout her study. A comparativist should also be simultaneously mindful of both the inducements of the project and the comparability[^1] of the subject matters.

In the context of comparing legal systems, those problems commence with two inquiries: (1) what curiosities and premises are motivating the comparison; and (2) what type of justifications, preconditions, constraints and limitations apply to such a comparison?

A fortiori , if we accept the conventional jurisprudential assumption that the law, as a unique social-political phenomenon, has universal characteristics, then comparing legal systems, either diachronically or synchronically, is like comparing fruits.[^2] The following discussion will address these questions by referring to the foundations of legal reasoning in both Jewish and Islamic jurisprudential thought.

Following our study, we will offer some general reflections on the relatedness of Jewish and Islamic legal systems and their comparability. 1.2 Provoked Comparison The comparison of Jewish and Islamic legal traditions has attracted scholars since the very early stages of Oriental studies in Western academies.[^3] The Jewish-Islamic comparative perspective has also played a major role in various areas of Islamic studies and consequently shaped the leading scholarly paradigms.

Nevertheless, only recently have scholars began to demonstrate sensitivity to the methodologies of these comparative studies.