Islamic Law and the Legal System of Saudí: Studies of Saudi ArabiaBased on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practice, and institutions, correcting for past scholarly neglect of Islamic law's application. The book develops a framework of concepts, rooted in both Islamic and western legal theory, useful for the comparative description and analysis of Islamic legal systems and applications, past and present. |
Contents
Ijtihad as Law | 3 |
Ijtihad Doctrines for Theory | 33 |
Scope for Qadi Ijtihad The Saudi System of Appeals | 83 |
Ijtihad in the Saudi Courts | 118 |
Kings Law as Complement and Competitor to Fiqh | 169 |
King and Scholars in Cooperation The Case of Capital Crimes | 222 |
King and Scholars in Competition Adjudication | 279 |
King and Scholars in Competition Legislation | 309 |
Common terms and phrases
Abd al-'Azīz Abū adjudication Aḥkām Aḥmad Al-Jazira al-Madīna al-Mawardī appeals apply authority binding Board of Senior caliph chapter claim codification commercial crimes criminal law Dār decision declared decree divine divorce doctrine enforce example fatwa fatwās fiqh fiqh and siyāsa fiqh rules God's ḥadd ḥadīth Hanafi Hanbal Hanbali hudud Ibid Ibn Abd Ibn al-Qayyim Ibn Qudāma Ibn Taymiyya ideal ijma ijtihad imām institutions interview Islamic law Islamic legal systems issue Jidda judge judgment Judiciary jurisdiction justice king law-making legislation legitimacy maşlaḥa matters microcosmic law modern muftī Muḥammad mujtahid Muslim nizāms opinion Ottoman penalties position practice principle procedure proof Prophet punishment qāḍī qāḍī's qānūn qiyās Qur'an Qur'an and sunna Regulation religious revealed texts reversal Riyadh ruler Saudi Arabia Saudi qāḍīs Saudi ulama scholars Senior Ulama shari'a courts Shaykh siyāsa shar'iyya siyasatan sunna Supreme Judicial Council taʻzīr taqlid taʼzir theory tion trial truth ulama Umar uṣūl al-fiqh Wahhābī western
References to this book
Wahhabi Islam: From Revival and Reform to Global Jihad Natana J. DeLong-Bas No preview available - 2007 |