FIQH AS A SOURCE OF CONTEMPORARY LAW IN ARAB COUNTRIES

Leonid Sykiainen ()
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Leonid Sykiainen: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: This article studies the role of Islamic legal doctrine (Fiqh) as a source of contemporary law in Arab countries. The continuing Islamization of their legal systems includes the codification of Fiqh, which has acquired the role of the material (historic) source of law. Fiqh also plays the role of the official (judicial) source of contemporary law in Arab countries. In Saudi Arabia, it is still the primary source of law. Fiqh plays an active role as a subsidiary source of contemporary law, above of all, in private law

Keywords: Fiqh; Sharia; material source of law; judicial source of law; subsidiary source of law; codification; legal system (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Pages: 15 pages
Date: 2019
New Economics Papers: this item is included in nep-ara and nep-isf
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Published in WP BRP Series: Law / LAW, December 2019, pages 1-15

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:92/law/2019

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