Can Non-Muslim Courts bring Legal Change in Sharia Laws?

  •  Hajed A. Alotaibi    


This study examines the adaptability of Islamic law, concentrating on how it withstands changes in particular legal areas, such as family and criminal law. It contributes to our understanding of how Islamic law evolved and how flexible or resistant it is to change in contemporary contexts. Islamic concepts and teachings serve as the foundation for Islamic law. A state or other legal system, whose population may or may not be largely Muslim and whose legal system may or may not be Islamic, serves as the foundation for the interpretation process that creates Muslim legalities. In contrast, Islamic law is developed through an interpretive procedure based on the canonical Islamic scriptures. Islamic law has occasionally been portrayed as being unchangeable. How Islamic law responds to shifting social, cultural, and legal contexts is a topic of ongoing debate. The applicability of Islamic law to contemporary family, criminal, and business law is examined in this paper. Finding case studies that highlight instances of the Islamic legal system's resistance to change or its potential for adaptation and social change can help to achieve this. The results have shown that the reformation of rules and procedures internalize certain principles and discourses due to increased compliance of religious courts with the high court rulings. An increase in the number of Muslim judges on civil courts would help to overcome the lack of legitimacy in the perspectives of the Muslim minority that is the main reason for shortcomings. Islamic law's ability to adapt and gain acceptance among many legal systems, contributing to the ongoing discussion and advancement of legal laws throughout Western nations, is what permits it to remain powerful.

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