Volume 29, Issue 4 (2023)                   AIJH 2023, 29(4): 1-22 | Back to browse issues page

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Mousavi Mojab S D. The Duality of Sharia and Statute Law in Islamic countries; Causes and Consequences. AIJH 2023; 29 (4) :1-22
URL: http://aijh.modares.ac.ir/article-31-53893-en.html
Faculty Member of Criminal Law and Criminology, Tarbiat Modares University , d.mojab@modares.ac.ir
Abstract:   (948 Views)
Undoubtedly, one of the most important legal and judicial challenges in Islamic countries’ criminal law is the duality of Sharia and Law. Despite the Constitutions’ emphasis of the vast majority of Islamic countries that Islam is the official religion and the foundations of Islamic Law are the main source of legislation, in practice, except in a few Islamic countries, including Iran, there is no sign of Islamic Law.
   In criminal laws and regulations of countries such as Egypt, Iraq, Syria, Jordan and Lebanon, not only can no trace of Islamic Sharia be found, but also in them can be seen a serious conflict with the principles of Islamic Sharia, especially the Qurchr('39')an and Sunnah. In this regard, explaining the reason and investigating the most important causes of duality is the main purpose of this study.
   Findings of research in this article show that important and influential causes on the duality of Sharia and Law in Islamic countries are the occupation of some Islamic countries, the influence of intellectual and secular currents in the criminal law system, the globalization of criminal law and inattention to Haqq Allah (what is due to God/God’s right) and contentment with Haqq al-Nas (what is due to men/people’s right).
   This research which using descriptive-analytical method and using library resources, explains the reasons and consequences of the duality of Sharia and Law in Islamic countries.
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Article Type: Original Research | Subject: Arts and Humanities (General)
Received: 2021/07/6 | Accepted: 2021/10/8 | Published: 2023/06/29

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