Document Type
Article
Disciplines
International Law
Abstract
While Islamic law is a traditional and religious legal system, it is one of the three major legal systems of the world, after common law and civil law systems. The legal system of Islam differs from other modern legal systems, and has its own history of development and a unique nature. The concept and nature of law in Islam is related to another modern concept: the doctrine of the rule of law. While the rule of law doctrine has become an important agenda of international law and international relations, an effective system incorporating the rule of law is presently unavailable in most Middle Eastern and Muslim countries. This paper analyzes the nature and the meaning of law in the Islamic legal system within a historical and philosophical context from a modern perspective. This paper draws on various traditional principles and recent practical implications of Islamic law as it applies in Muslim societies, analyzes the nature of law in the legal system of Islam, and investigates the possibility of gradually developing a rule of law based system in Muslim countries, without the sudden imposition offoreign codes, legal principles and legal systems.
Recommended Citation
Esmaeili, Hossein, "The Nature and Development of Law in Islam and the Rule of Law Challenge in the Middle East and the Muslim World" (2011). Connecticut Journal of International Law. 510.
https://digitalcommons.lib.uconn.edu/cjil/510
Accessibility Requirements
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