The legal regime of Islamic Courts
The legal regime of Islamic Courts
Author(s): Ovidiu Horia MaicanSubject(s): Law, Constitution, Jurisprudence, Civil Law, Sharia Law
Published by: Universul Juridic
Keywords: Islamic law; sharia; law courts; religious courts;
Summary/Abstract: Islamic law emerges from the principles of Islam as a worldwide religion. Islamic law is anticipated to tackle the increasing social challenges that humanity faces. This is in alignment with the Islamic legal principle (ushul fiqh) asserting that laws adapt to the shifts in time, location, and customs. Many alterations have occurred, leading to a departure from the authentic interpretation of the original Islamic law texts, resulting in its diminished relevance to current social realities. Therefore, there is a necessity for a new approach to reform sharia, so that Islamic law can effectively address modern issues and fulfill the needs of today’s societies. Reform involves reconstructing based on its foundational state while preserving core values to tackle contemporary challenges. Modern Islamic law represents a viewpoint that considers all legal matters, both those that exist now and those that will arise in the future, incorporating new situations as part of the evolution of the established Islamic law dynamics. Thus, it is crucial to recognize that the comprehensive reform of Islamic law is grounded in religious texts, constitutional frameworks, and philosophical as well as sociological foundations.
Journal: Law Review
- Issue Year: 2025
- Issue No: 02
- Page Range: 3-23
- Page Count: 21
- Language: English
- Content File-PDF
