Arab West Report Egyptian press summaries and media research for dialogue

The purpose behind making the Shari’a a source of legislation is because it is a fully developed legal system acknowledged by the international law assemblies. Since the Shari’a includes various concepts, it should be subject to well-formulated legal rules as the Shari’a here is the source of legislation, not the legislation itself.



Some states resort to applying the Shari’a directly without transforming it to legal texts However, Shari’a principles that are due to be applied in our law system are the most appropriate for the contemporary society. The Islamic regulation policy is based on mutual consent between the ruler and the people.



Thus, considering “Shari’a” a source of law does not contradict with legality and human rights. On the other hand, it shall be applied through phrasing it in legal texts which guarantee that independent judgments [Ijtihad] in Islamic jurisprudence [Fiqh] shall abide with principles of freedom and equality and respect of human dignity.



Some states fail to differentiate between the religion and the state. Therefore, they muddle up religion, regulations and politics. They set the laws under the control of the state and utilize religious laws wrongly. There is a big difference between a state that sets “Shari’a” as a source of its laws and another state that practices despotism and dictatorship in the name of Shari’a.



This problem negatively affects the development of democracy. Many of the advocates of democratic reformation are concerned with this problem. They call for necessity of phrasing “Shari’a” into precise legal texts.