NCJ Number
51131
Date Published
1976
Length
257 pages
Annotation
THE DEVELOPMENT, PRIOR REFORMS, AND SOCIAL FRAMEWORK OF ISLAMIC JURISPRUDENCE ARE DISCUSSED. FURTHER REFORMS ARE CONSIDERED INEVITABLE IF ISLAM IS TO REMAIN A VIABLE RELIGION AND LIFE-STYLE.
Abstract
THE WRITINGS OF THE ISLAMIC RELIGIOUS FOUNDERS CONTINUE TO SERVE AS THE STANDARD FOR THE LIFE-STYLE IN MODERN ISLAMIC COUNTRIES, ALTHOUGH SEVERAL COUNTRIES WITH ISLAMIC POPULATIONS HAVE ADDITIONAL SECULAR COURTS. IN CONTRAST WITH THE JUDEO-CHRISTIAN CONCEPT OF SEPARATION OF CHURCH AND STATE, THE ISLAMIC CULTURE STRESSES A UNITY OF THE POLITICAL AND RELIGIOUS FUNCTIONS OF SOCIETY. THE DOCUMENT TRACES THE EARLY DEVELOPMENT OF THE ISLAMIC LEGAL SYSTEM, AS ITS GROWTH PARALLELED THE GROWTH OF THE FAITH OF ISLAM. THE VARIOUS COUNTRIES WHICH MAINTAINED A SINGLE THEOCRATIC COURT STRUCTURE ARE CONTRASTED WITH THOSE SOCIETIES WHICH ABOLISHED THE RELIGIOUS COURTS, AND WITH THOSE COUNTRIES WHICH ASSIMILATED SECULAR COURTS WHILE RETAINING THE ISLAMIC COURTS. THE CAUSES FOR THE DECLINE OF THE RELIGIOUS COURTS ARE DISCUSSED WITHIN THE CONTEXT OF THE CHANGING LIFE-STYLES OF THE MUSLIM PEOPLE, AND THE LACK OF STANDARDIZED INTERPRETATION OF THE ISLAMIC SCRIPTURES. THE LAWS, COURTS, AND REFORMS OF VARIOUS ISLAMIC COUNTRIES ARE CONSIDERED, ESPECIALLY IN REGARD TO PROPERTY RIGHTS AND THE STATUS OF WOMEN. THESE COUNTRIES INCLUDE EGYPT, IRAQ, SYRIA, LEBANON, JORDAN, INDIA, PAKISTAN, TURKEY, AND TUNISIA. REFORMS ARE WITHIN THE FRAMEWORK OF THE STATIC BODY OF LAW AND THE INADEQUATE ADAPTATION OF THE LAW TO MODERN ADMINISTRATIVE PROCEDURES. THE ABSENCE OF A STABLE NORM IS SEEN AS LEADING TO PERSONAL INJUSTICES WHILE A PREFERABLE SOCIAL CONDITION WOULD BE BASED ON CONSTANT PRINCIPLES CONCERNING THE RELATIONSHIP BETWEEN GOD AND MAN. THE MUSLIMS BELIEVE THAT UNITY OF THE COMMUNITY IS NOT POSSIBLE UNLESS THERE IS A PERMANENT MORAL LAW, AS PROVIDED BY ISLAM, TO WHICH APPEAL MAY BE MADE IN THE ADJUDICATION OF CONFLICTING INTERESTS. SECURLARISM MAY NOT INTRUDE UPON A MUSLIM'S LIFE, ALTHOUGH THE EMPLOYMENT OF MODERN TECHNOLOGY DOES NOT INDICATE AN ABANDONMENT OF THE FAITH, AS DISCUSSED IN THE AUTHOR'S ESSAY. THE TENDENCY IS NOTED IN FAVOR OF UNIFIED TRIBUNALS AND A CODIFIED BODY OF LAW THAT WOULD BE EASILY ACCESSABLE TO ALL. IT IS RECOMMENDED THAT MUSLIM AUTHORITIES BE SELECTED FROM ALL COUNTRIES FOR THE PURPOSE OF STUDYING THE ISLAMIC WRITINGS AND COMPILING A JURISTIC CORPUS THAT WOULD REINTERPRET THE KORAN. A COMPREHENSIVE ISLAMIC JUDICIAL REORGANIZATION WOULD BE THE GOAL OF THESE SCHOLARS. REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (TWK)