The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices

Islam in order to ensure that equilibrated, balanced and equitable fulfillment of people`s mutual rights and obligations are achieved and henceforth justice, its supreme goal, reigns and prevails, it has enjoined adjudication of disputes among the people. To this end, therefore, the Prophet, through...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English English English
Published:	Ashgate Publisher 2014
Subjects:	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/6872/ http://irep.iium.edu.my/6872/1/The_structure_and_procedure_of_the_Shari%60ah_courts.pdf http://irep.iium.edu.my/6872/4/9780754628767_Sayed_Sikandar_Shah_haneef.pdf http://irep.iium.edu.my/6872/8/Issues_in_Islamic_Law%2528additional_evidence%2529_%285%29.pdf

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recordtype	eprints
spelling	iium-68722018-06-12T07:12:13Z http://irep.iium.edu.my/6872/ The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Islam in order to ensure that equilibrated, balanced and equitable fulfillment of people`s mutual rights and obligations are achieved and henceforth justice, its supreme goal, reigns and prevails, it has enjoined adjudication of disputes among the people. To this end, therefore, the Prophet, through judicial practice and decrees, guided the Ummah as to the process and principles of administering justice in the Islamic setting. Subsequently, the Islamic Caliphates and dynasties reapplied, adapted and expanded the basic principles of adjudications as laid down by the Prophet, and improved upon the structure of judicial machinery to suit the requirements of time and space. With the decline of Muslim hegemony and ascendancy of European powers some of the Muslims` judicial institutions, such as mazalim (board of grievances) were disbanded, the jurisdiction of its Shari`ah courts was curtailed and its code of procedures some what discarded. After independence of Muslim states and their assertion towards their Islamic identity, the urge to reinstate the Shari`ah courts and reconstruct its code of procedure became part of universal goal of Islamization of Muslim societies and its laws. To accomplish this, the approaches have not been uniform. Some advocated full reenactment of the classical models and others opted for Islamizing the existing system. For example, Saudi Arabia model represents the first model with limited influence from the European models and others such as Malaysia represents the second, showing greater impact of the civil court system. This essay therefore, is an attempt at outlining the due process of administering justice in the past and the current practice of the two counties today. Ashgate Publisher 2014-05-28 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6872/1/The_structure_and_procedure_of_the_Shari%60ah_courts.pdf application/pdf en http://irep.iium.edu.my/6872/4/9780754628767_Sayed_Sikandar_Shah_haneef.pdf application/pdf en http://irep.iium.edu.my/6872/8/Issues_in_Islamic_Law%2528additional_evidence%2529_%285%29.pdf Haneef, Sayed Sikandar Shah (2014) The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices. Hamdard Islamicus, II (1). pp. 539-571. ISSN 0250-7196
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
description	Islam in order to ensure that equilibrated, balanced and equitable fulfillment of people`s mutual rights and obligations are achieved and henceforth justice, its supreme goal, reigns and prevails, it has enjoined adjudication of disputes among the people. To this end, therefore, the Prophet, through judicial practice and decrees, guided the Ummah as to the process and principles of administering justice in the Islamic setting. Subsequently, the Islamic Caliphates and dynasties reapplied, adapted and expanded the basic principles of adjudications as laid down by the Prophet, and improved upon the structure of judicial machinery to suit the requirements of time and space. With the decline of Muslim hegemony and ascendancy of European powers some of the Muslims` judicial institutions, such as mazalim (board of grievances) were disbanded, the jurisdiction of its Shari`ah courts was curtailed and its code of procedures some what discarded. After independence of Muslim states and their assertion towards their Islamic identity, the urge to reinstate the Shari`ah courts and reconstruct its code of procedure became part of universal goal of Islamization of Muslim societies and its laws. To accomplish this, the approaches have not been uniform. Some advocated full reenactment of the classical models and others opted for Islamizing the existing system. For example, Saudi Arabia model represents the first model with limited influence from the European models and others such as Malaysia represents the second, showing greater impact of the civil court system. This essay therefore, is an attempt at outlining the due process of administering justice in the past and the current practice of the two counties today.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
title_short	The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
title_full	The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
title_fullStr	The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
title_full_unstemmed	The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices
title_sort	structure and procedure of the shari`ah courts: historical dynamics and some contemporary practices
publisher	Ashgate Publisher
publishDate	2014
url	http://irep.iium.edu.my/6872/ http://irep.iium.edu.my/6872/1/The_structure_and_procedure_of_the_Shari%60ah_courts.pdf http://irep.iium.edu.my/6872/4/9780754628767_Sayed_Sikandar_Shah_haneef.pdf http://irep.iium.edu.my/6872/8/Issues_in_Islamic_Law%2528additional_evidence%2529_%285%29.pdf
first_indexed	2023-09-18T20:16:02Z
last_indexed	2023-09-18T20:16:02Z
_version_	1777407793305747456

The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices

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