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The Duality of Sharia and Statute Law in Islamic Countries: Causes and Consequences.

Authors :
Mojab, Seyed Doraid Mousavi
Source :
Journal of Research in Humanities; 2023, Vol. 29 Issue 4, p1-21, 21p
Publication Year :
2023

Abstract

Undoubtedly, one of the most important legal and judicial challenges in Islamic countries' criminal law is the duality of Sharia and Law. Despite the constitutional emphasis of a vast majority of Islamic countries that Islam is the official religion and the foundations of Islamic Law are the main source of legislation, in practice, except in a few Islamic countries, including Iran, there is no sign of Islamic Law. In criminal laws and regulations of countries such as Egypt, Iraq, Syria, Jordan and Lebanon, not only can no trace of Islamic Sharia be found, but there can also be seen a serious conflict with the principles of Islamic Sharia, especially the Qur'an and Sunnah. In this regard, explaining the reason and investigating the most important causes of duality is the main purpose of this study. Research findings show that important and influential causes on the duality of Sharia and Law in Islamic countries are the occupation of some Islamic countries by hegemonic powers, the influence of intellectual and secular currents in the criminal law system, the globalization of criminal law and inattention to Haqq Allah (what is due to God/God's right) and contentment with Haqq al-Nas (what is due to men/people's right). This research which using descriptive-analytical method and using library resources, explains the reasons and consequences of the duality of Sharia and Law in Islamic countries. [ABSTRACT FROM AUTHOR]

Details

Language :
Persian
ISSN :
17355052
Volume :
29
Issue :
4
Database :
Complementary Index
Journal :
Journal of Research in Humanities
Publication Type :
Academic Journal
Accession number :
162534842