Dispute over the legality of codification of Islamic law : a critical analysis

Abstract EN

Codification of Islamic law is studied due to its positive role on practical life to produce appropriate solutions and fair judgments for litigation and disputation.

Codification is a process which contributes to the reformation in political, social, financial and judiciary sectors, by drafting fair Islamic codes, pursuant to the principles, values and customs of the Muslim nations.

However, there is a scholarly debate on whether Islamic law could be codified or not.

A group of intellectuals validates it while another group invalidates it.

Hence, this study aims to critically examine the intellectual dispute over the legality of codification of Islamic law.

The study is accomplished through the critical analysis of related documents, books and literature.

The study verifies that codification of Islamic law is not just valid but rather indispensable because it conforms to the legal policy (siyasah shariyyah), public wellbeing and fundamental ruling of permissibility.

In addition, codification of Islamic law complies with the noble objectives of the Shariah (Maqasid al-Shariah).

The study finds out that the merits and motives of codification are far higher than its perils as seen by some scholars.

It posits that codification of Islamic law would be the timely solution to get back the unity and solidarity among the Muslim world.

It concludes that all the sections of Islamic law, excluding the rituals (ibadat), such as civil, constitutional, judiciary, penal, international, etc.

are eligible to be codified.

Thus, codification in Islamic law refers to the codification of fiqh provisions and not to the Shariah in its wider sense and overall contents.

Moreover, the study also provides required conditions to be observed in the codification of Islamic law.

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