Codification of Islamic law in the Muslim world: political intricacy and professional egoism

In the last century, the claim that the idea of codification of Islamic law is foreign, innovative and meant to undermine the divinity of the Islamic law is spurred by some Muslim jurists among are the members of the Saudi Arabia Council of Senior Scholars (ayhatkibar al-Ulama Al-su’udiyyah).But his...

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Main Author:	Zakariyah, Luqman
Format:	Conference or Workshop Item
Language:	English English
Published:	2013
Subjects:	BP140 Islamic law (Fiqh) KBP469 Influence of other legal systems on Islamic law
Online Access:	http://irep.iium.edu.my/33694/ http://irep.iium.edu.my/33694/5/Program.pdf http://irep.iium.edu.my/33694/7/Luqman.pdf

id	iium-33694
recordtype	eprints
spelling	iium-336942015-05-13T02:38:37Z http://irep.iium.edu.my/33694/ Codification of Islamic law in the Muslim world: political intricacy and professional egoism Zakariyah, Luqman BP140 Islamic law (Fiqh) KBP469 Influence of other legal systems on Islamic law In the last century, the claim that the idea of codification of Islamic law is foreign, innovative and meant to undermine the divinity of the Islamic law is spurred by some Muslim jurists among are the members of the Saudi Arabia Council of Senior Scholars (ayhatkibar al-Ulama Al-su’udiyyah).But historically, literatures of Islamic legal theory reveal that the idea of codification of law as deemed in the West is very close to the idea of codification of Islamic legal maxims (taqnin al-qawaid al-fiqhiyyah) which unofficially emerged in Islamic jurisprudence as earlier as 1st century of Islamic law.This paper aims to explore the historical concept of the codification of Islamic law with focus on political desideratum surrounding the call for and against the concept of codification of Islamic law in Saudi Arabia with reference to other Muslim countries. I suggest the concepts of maslahah (public interest) and talfiq al-madhaahib(hybridization of schools of jurisprudence) as justificationsfor the realization of the benefit of the concept. In order to preserve the sacred nature of Shariah while codifying its laws, the concepts of textuality and intertextuality as working mechanisms are also proposed. The paper concludes that the codification of Islamic law through these mechanisms can remove ambiguities and fears being expressed about the possibility of codification of Shariah law and at the same time ensure justice in application of Islamic law our contemporary world. 2013-09-18 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/33694/5/Program.pdf application/pdf en http://irep.iium.edu.my/33694/7/Luqman.pdf Zakariyah, Luqman (2013) Codification of Islamic law in the Muslim world: political intricacy and professional egoism. In: International Conference on Law and Society II (ICLAS II), 18 - 19 September 2013, IIUM Gombak Campus. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	BP140 Islamic law (Fiqh) KBP469 Influence of other legal systems on Islamic law
spellingShingle	BP140 Islamic law (Fiqh) KBP469 Influence of other legal systems on Islamic law Zakariyah, Luqman Codification of Islamic law in the Muslim world: political intricacy and professional egoism
description	In the last century, the claim that the idea of codification of Islamic law is foreign, innovative and meant to undermine the divinity of the Islamic law is spurred by some Muslim jurists among are the members of the Saudi Arabia Council of Senior Scholars (ayhatkibar al-Ulama Al-su’udiyyah).But historically, literatures of Islamic legal theory reveal that the idea of codification of law as deemed in the West is very close to the idea of codification of Islamic legal maxims (taqnin al-qawaid al-fiqhiyyah) which unofficially emerged in Islamic jurisprudence as earlier as 1st century of Islamic law.This paper aims to explore the historical concept of the codification of Islamic law with focus on political desideratum surrounding the call for and against the concept of codification of Islamic law in Saudi Arabia with reference to other Muslim countries. I suggest the concepts of maslahah (public interest) and talfiq al-madhaahib(hybridization of schools of jurisprudence) as justificationsfor the realization of the benefit of the concept. In order to preserve the sacred nature of Shariah while codifying its laws, the concepts of textuality and intertextuality as working mechanisms are also proposed. The paper concludes that the codification of Islamic law through these mechanisms can remove ambiguities and fears being expressed about the possibility of codification of Shariah law and at the same time ensure justice in application of Islamic law our contemporary world.
format	Conference or Workshop Item
author	Zakariyah, Luqman
author_facet	Zakariyah, Luqman
author_sort	Zakariyah, Luqman
title	Codification of Islamic law in the Muslim world: political intricacy and professional egoism
title_short	Codification of Islamic law in the Muslim world: political intricacy and professional egoism
title_full	Codification of Islamic law in the Muslim world: political intricacy and professional egoism
title_fullStr	Codification of Islamic law in the Muslim world: political intricacy and professional egoism
title_full_unstemmed	Codification of Islamic law in the Muslim world: political intricacy and professional egoism
title_sort	codification of islamic law in the muslim world: political intricacy and professional egoism
publishDate	2013
url	http://irep.iium.edu.my/33694/ http://irep.iium.edu.my/33694/5/Program.pdf http://irep.iium.edu.my/33694/7/Luqman.pdf
first_indexed	2023-09-18T20:48:43Z
last_indexed	2023-09-18T20:48:43Z
_version_	1777409849850593280

Codification of Islamic law in the Muslim world: political intricacy and professional egoism

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