نحو نظرية للمقارنة بين الشريعة و القانون

الملخص EN

The comparison between Sharia and the law has become a reality imposed in studies aimed at improving the legislative performance of national institutes in the Arab and Islamic nations.

Whatever the level of utilization of these studies actually, they can, by virtue of the stages and the evolution and the diversity, form an integrated theory in this field; it has developed at the level of methods and objectives and its research has covered all areas of legislative fields.

We must take care of its achievements, to monitor its scientific track and identify its important stations, and work to diagnose the problems that stand in the way of integration and achieve its objectives and reap the fruits.

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This paper is an attempt to raise interest in this subject, which is very important at the present time, especially in the shadow of the tyranny of globalization and hegemony projects of the Western civilization, and imposing its models in all spheres of life.

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We do not claim to provide an integrated theory of comparison between Sharia and law, insofar as we aim to raise the question of the possibility of crystallizing such a theory, we limited to display the problems of comparative research and aspects of its reality, To draw attention towards the establishment Frameworks necessary to complete their pillars.