The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices

Haneef, Sayed Sikandar Shah (2014) The structure and procedure of the Shari`ah courts: historical dynamics and some contemporary practices. Hamdard Islamicus, II (1). pp. 539-571. ISSN 0250-7196

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Abstract

Islam in order to ensure that equilibrated, balanced and equitable fulfillment of people`s mutual rights and obligations are achieved and henceforth justice, its supreme goal, reigns and prevails, it has enjoined adjudication of disputes among the people. To this end, therefore, the Prophet, through judicial practice and decrees, guided the Ummah as to the process and principles of administering justice in the Islamic setting. Subsequently, the Islamic Caliphates and dynasties reapplied, adapted and expanded the basic principles of adjudications as laid down by the Prophet, and improved upon the structure of judicial machinery to suit the requirements of time and space. With the decline of Muslim hegemony and ascendancy of European powers some of the Muslims` judicial institutions, such as mazalim (board of grievances) were disbanded, the jurisdiction of its Shari`ah courts was curtailed and its code of procedures some what discarded. After independence of Muslim states and their assertion towards their Islamic identity, the urge to reinstate the Shari`ah courts and reconstruct its code of procedure became part of universal goal of Islamization of Muslim societies and its laws. To accomplish this, the approaches have not been uniform. Some advocated full reenactment of the classical models and others opted for Islamizing the existing system. For example, Saudi Arabia model represents the first model with limited influence from the European models and others such as Malaysia represents the second, showing greater impact of the civil court system. This essay therefore, is an attempt at outlining the due process of administering justice in the past and the current practice of the two counties today.

Item Type:	Article (Journal)
Additional Information:	3049/6872
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	26 Jan 2012 16:41
Last Modified:	12 Jun 2018 15:12
URI:	http://irep.iium.edu.my/id/eprint/6872

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